11-01-2004
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Voting Order
Mayor Schmidt
Councilman Brown
Councilman Vincenzi
Councilwoman Lichter
Councilwoman Rhodes
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
November 1, 2004
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES - None at this time.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TESIDONA TIONS
A. Recognition of appointed/reappointed Board/Committee members.
B. Mayor Schmidt proclaiming November the "Month of the Family" to
recognize the family as the fundamental unit of society.
4. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have.
Please state your name and address, and please limit your comments to five
minutes or less.
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2nd Reading, Ord. No. 2004-0-34, Miranda Fitzgerald, agent for Oak Hill
Land, LLC; Edgewater Partners, LLC; the Southeast V olusia Hospital
District and Dixie Highway, LLC; requesting annexation of 68. 79:t. acres
of property located west of US 1 and northwest of 4115 S. US1.
B. 2nd Reading, Ord. No. 2004-0-37, Halstead Resources, Inc., agent for
Nohra Hohn and Thomas and Patricia Sokol, requesting annexation of 2.3
:t.acres of property located at 2203 S. Ridgewood Avenue.
C. 1 st Reading, Ord. No. 2004-0-39, amending Chapter 21 (Land
Development Code) by modifying Article XVII (DevelopmentlImpact
Fees) for consistency and enacting Section 21-323 (TransportationIRoad
'-.., Impact Fees).
D." 1st Reading, Ord. No. 2004-0-40, Emestina D. Kayat requesting
annexation of 37.26i: acres ofland located west of 4100 S. US 1 and west
of Relocation Road.
E. 1 st Reading, Ord. No. 2004-0-41, Trajan Joe Sf era, Persa Sfera, Jon Sfera
and Selvie Sfera requesting annexation of 12.01i: acres of land located
west of US 1 and south of Relocation Road.
F. 1 st Reading, Ord. No. 2004-0-42, Glenn Storch, authorized agent for John
and Patricia Hickey, requesting annexation of28:t. acres of land located
west of US 1 and north of Clinton Cemetery Road.
G. 1 st Reading, Ord. No. 2004-0-43, Glenn Storch, authorized agent for John
and Patricia Hickey, requesting annexation of 2.14:t. acres of land located
H.
1 st Reading, Ord. No. 2004-0-44, Glenn Storch, authorized agent for John
and Patrici~ckey, requesting annexation of 4.70:t.~s of land located
west of US 1 and north of Clinton Cemetery Road.
1 st Reading, Ord. No. 2004-0-45, Daniel and Christine Herman requesting
annexation of 3.652: acres of land located west of US1 and south of
Clinton Cemetery Road.
1 st Reading, Ord. No. 2004-0-46, Glenn Storch, authorized agent for
Belmont Homes, requesting annexation of 74:t. acres of land located west
of US 1 and south of Clinton Cemetery Road.
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7. BOARD APPOINTMENTS - None at this time.
8. CONSENT AGENDA
All matters listed under the consent agenda are considered to be routine by the City
Council and will be acted upon by one motion. There will be no separate discussion of
these items unless discussion is desired by a member of the Council, in which case the
Mayor will remove that item from the consent agenda and such item will be considered
separately.
A. Law Enforcement Block Grant - staff recommending to accept a $6,847
Local Law Enforcement Block Grant and authorize a match of $1,153
from the Local Law Enforcement Trust Fund to purchase various items.
9. OTHER BUSINESS
A. Engineering Services - staff recommending approval of the engineering
proposal from Quentin L. Hampton Associates, Inc. for engineering and
construction phases for the Alan R. Thomas WTP Sludge Handling
Facilities and Sodium Hyprochlorite Disinfection Conversion for the sum
of $72,600, and authorize City Manager to execute the work order.
B. Terra Mar Village Utility System Improvements - staff recommending
approval of Change Order No.2 for $9,460.00 to McMahan Construction,
and authorize the City Manager to execute the closeout documents.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
11. CITIZEN COMMENTS/CORRESPONDENCE
A. Tentative Agenda Items
12. ADJOURN.
Notes:
1) Citizen comments relating to any agenda matter may be made at the time the matter is
before Council. Please state your name and address, and please limit your comments
to five minutes or less.
2) All items for inclusion on the November 15, 2004, agenda must be received by the City
Manager's office no later than 4:30 p.m Monday, November 8, 2004.
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting
or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City
does not prepare or provide such record.
~ In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should
fontact City Clerk Susan Wadsworth, V 'l. Riverside Drive, Edgewater, Florida, telephone number . ~'i-424-2407, 5 days prior to the meeting
late. If you are hearing or voice impair~tact the relay operator at 1-800-955-8771. ." I:\liz_docslagendas\110104reg
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'rnclamatinn
(0MiCe ob thevUayoft
WHEREAS, the City of Edgewater recognizes the family as the
fundamental unit of society and an essential part of the cultural, social and spiritual fabric
that makes up our communities; and
WHEREAS, the City of Edgewater recognizes that strong families are the
center of strong communities and that everyone has a role to play in making families
successful, including neighborhood organizations, churches, synagogues, businesses,
nonprofit agencies, policyrnakers, schools and the family itself; and .
WHEREAS, the City of Edgewater recognizes the value of supporting the
role of successful families and believes that we should recommit to enhancing and
extending networks that strengthen and enrich our families; and
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WHEREAS; with the continued assistance and resources of our city's
neighborhood organizations, churches, synagogues, businesses, nonprofit agencies,
policymakers, schools and the family itself, we can help families of all shapes and sizes
create a better future for all.
NOW, THEREFORE, I, Donald A. Schmidt, Mayor of the City of
Edgewater, Florida, do hereby proclaim November 2004
MONTH OF THE FAMILY
in the City of Edgewater and ask all residents, area businesses and visitors to take time to
honor the importance of families, celebrate their successes and recognize the community
resources that support and strengthen families year-round.
)n BlttlttBB DUltrtnf 9 hove he!leutlto get my hatld atld cauged the glteat
geaQ o~ the City o~ 8dgewatelt to be a~~lXed
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Done at the Edgewater City Hall in the
County of Volusia STATE OF
FLORIDA this 11th day of
August . in the Year of Our Lara
two thousand and four' . .
'0~a/QJ~
Mayor
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AGENDA REQUEST
Date: October 19,2004
PUBLIC
HEARING
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RESOLUTION
ORDINANCE November I, 2004
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2004-0-34
Miranda F. Fitzgerald of Lowndes, Drosdick, Doste, Kantor &
Reed, P.A. requesting the annexation of approximately 68.79
acres of land located west of US Highway I and northwest of
4115 S. US Highway I.
OWNER(S): Oak Hill Land LLC, Edgewater Properties LLC, Southeast V olusia Hospital District, and Dixie
Highway LLC
REQUESTED ACTION: Annexation
PROPOSED USE: Medical Complex
LOCATION : West of US Highway I, northwest of 4115 S. US Highway 1
AREA: .68.79 acres
CURRENT LAND USE: Vacant
.. FLUM DESIGNATION: VolusiaCounty - Industrial and Urban Low Density
ZONING DISTRICT: Volusia County - A-3. (Transitional~gricultur~), 1-4 (Indust~iaIPark~, andl-I .(Light .
. Industrial).
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM Designation Zoning District
North Vacant Volusia County Urban Low Density Volusia County R-3 (Urban Single
and City Low Density Residential, Family Residential) and City
Commercial, Conservation Overlay, RPUD (Residential Planned Unit
Conservation Development)
East Vacant Volusia County Urban Medium Volusia County 1-3W (Waterfront
Density Industrial) and City RPUD
(Residential Planned Unit
Development)
South Vacant and Volusia County Industrial V olusia County 1-4 (Industrial
Manufacturinl!: Facilitv Park) and 1-1 (Light. Industrial)
. West Vacant Volusia County Urban LowDensity VolusiaCounty A-3 (Transitional
Agriculture) . ,
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Background ...
These parcels are located just south of the Edgewater Lakes subdivision, which is cu!Tently under. ~onstruct.ion. The
. applicant is proposing to coinbine the parcels in order to develop a not-for-profit medical center.
At the October 13,2004 Planning artd Zoning Board meeting; the Board v~ied to'send a:fa~o~abl~ '~ecommendatio~
AN-0408 - Fitzgerald.doc
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to City Council.
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At the October 18, 2004 City Council meeting, Council voted to approve the annexation at first reading.
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Land Use Compatibility
The annexation of this property and the proposed use is compatible with surrounding current and proposed uses.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway I. The City
of Edgewater has verified that potable water is available along U.S. I and that sufficient water capacity exists for
this project.
This project will have wastewater treated at the County's Southeast V olusia Regional Wastewater Treatment Plant
and is conveyed via a force main. County staff has indicated that there is adequate wastewater treatment and
disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
must be addressed and corrected prior to construction.
Natural Environment
Soil types located on these parcels include: Daytona Sand, 0-5% slope; Immokalee Sand; Pompano-Placid Complex;
and Riviera Fine Sand. Vegetation types include: Open water; Shrub/Disturbed wetlands; Wet prairie; Scrub Oak;
Temperate Hammocks; Live Oak Hammock; Disturbed lands; and Generalized Urban ...
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An environmental impact study must be completed and approved by staff prior to development.
Consistency with Comprehensive Plan'
The annexation of these parcels is consistent with the Future Land Use elements Projected Land Use Needs.
. Other Matters
..YheComprehensive Plan Future Land Use MapamendmenUs being processed simultaneously with the annexation:'..
and the Zoning Map amendment will be submitted at a later date.
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This property is included in the South US I Annexation Area Study prepared by B&H Consultants.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-34 annexing 68.79:l: acres of land located west of US Highway
1 and northwest of 4115 S. US Highway 1. .
ACTION REQUESTED
Motion to approve Ordinance No. 2004-0-34 annexing 68.79:l: acres of land located west of US Highway I and
northwest of 4115 S. US Highway 1.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
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NO
DATE:
10-18-04
AGENDA ITEM NO.
60
Respectfully Submitted By:
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, Robin Matusick ... .. .., .
Paralegal
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,Kenneth R. Hooper' , .~, ,~". .
City Manager
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AN-0408 - Fitzgerald.doc
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ORDINANCE NO. 2004-0-34
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U.S. HIGHWAY NO. 1 AND
NORTHWEST OF 4115 SOUTH U. S. HIGHWAY NO.1,
VOL USIA COUNTY, INTO THE CITY OF EDGEW A TER,
FLORIDA; SUBJECT TO THE JURISDICTION,
OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE
MUNICIPALITY; AMENDING THE DESCRIPTION OF THE
CITY OF EDGEW A TER CORPORATE LIMITS; PROVIDING
FOR FILING WITH THE CLERK OF THE CIRCUIT COURT,
VOL USIA COUNTY, THE VOLUSIA COUNTY PROPERTY
APPRAISER AND THE DEPARTMENT OF STATE;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida~ has made' the folloWing
determinations:
1. Miranda F. Fitzgerald of Lowndes, Drosdick, Doste, Kantor & Reed, P.A., is the
. agent" of r.ecor~ .for Oak {liIltafid, .LLC:,..EdgewaterProperties,LLC., .The S~uth'eastY6i~~ia
Hospital District, and Dixie Highway, LLC., who are the owners of propertY located West cifU. S:"
HighwayNo. 1 and Northwest of4115 South U. S. Highway No. 1, within Volusia County, Florida.
Subject property coi11ains~approximately 68:79:t acres.
2. The owners have voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
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.4.. The boundaries of Voting. District 4 of the City of Edgewater are hereby designated..
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Underlined passages are added. .
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to include the property described herein.
5. During the Planning and Zoning Board meeting on October 13, 2004, the Board
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recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXA TION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
. and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries ofthe CitY of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. 'Pursuantto Section 2.0 1 of the Charter of the City of Edge water, Florida, ~hatc~ria~n. o.
document entitled "Description of City. of Edgewater Corporate Limits" shall be amended.
accordingly.
4. Within seven (7) days after adoption; copies of this ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division ofthe V olusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts the,reof in conflict with this ordinance,
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Underlined passages are added.
2004-0-34
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are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recordhig into'the public records of Vol usia County, Florida~
PART E.
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EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
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PART F. ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Rhodes, the vote on the
first reading of this ordinance held on October 18,2004, was as follows:
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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Underlined passag~s are added..
2004~O~34.. .
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After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on November 1, 2004, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
: PASSED AND DULY ADOPTED this
. ATTEST:
Susan J. Wadsworth
City ~Ierk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney .'
Foley & Lardner, LLP.. .
StltlGk tlllotl~h passages' are deleted.' . .
Underlined passages are added,
2004-0-34
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AYE
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day of.
. ,2004....
~rrY (:OUNCI~ OF..TII:E. . ,.
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal AssistantlParalegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 1 st day of
November, 2004 under Agenda Item No.
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
ITEM #1
Parcel 1 described as the Northeast 1/4 of the Southeast 1/4 of the Southwest 1/4, Section 13,
Township 18 South, Range 34 East, Volusia County, Florida.
Containing 10 acres more or less.
ITEM #2
A portion ofU. S. Lot 4, Section 13, Township 18 South, Range 34 East and described as follows:
. Beginning at thdntersection of the South line of said U;S:Lot 4 and the Westerly R/W line ofU.
. S. Highway No.1, a 158 foot R/W as now laid out; thence S 87037'43" W along the Southerly line
of said U. S. Lot 4, a distance of 1,215.45 feet to the Southwest corner of said U. S. Lot 4; thence
N 0049'29" W along the West line of said U. S. Lot 4, a distance of660 feet; thence N 87037'22" E,
a distance of950.08 feet to the said Westerly R/W line ofU. S. Highway No.1; thence S 22056'00"
. E along said Westerly RJW,:a 4istance of 704.76 feet to th~ Poi~t.of.Beginning. . . . . .
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". ITEM #3 ..'
Parce16 described as a portion ofU. S. Lot 4, Section 13, Township 18 South, Range 34 East, and
described as follows:
Commence at the intersection of the South line ofU. S. Lot 4 and the Westerly Right-of-Way line
ofU. S. Highway No.1, a 158 foot Right-of-Way as now laid out; thence North 22056'00" West
along said Westerly Right-of-Way a distance of 704. 76 feet to the Point of Beginning; thence South
87037'22" West, a distance of950.08 feet to the West line of said U. S. Lot 4; thence North 0049'29"
West along said Westerly line ofU. S. Lot 4, a distance of660 feet to the Northwest corner of said
U. S. Lot 4; thence North 87036'44" East along the Northerly line ofU. S. Lot 4, a distance of684.72
feet to the Westerly Right-of- Way line ofU. S. Highway No.1; thence South 22056'00" East, along
said Westerly Right-of-Way, a distance of704.75 feet to the Point of Beginning.
ITEM #4
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2004-0-34
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A portion ofU. S. Lot 4, Section 13, Township 18 South, Range 34 East and described as follows:
Commence at the intersection of the South line ofU. S. Lot 4 and the Westerly Right-of-Way line
ofU. S. Highway No. 1, a 158 foot Right-of-Way as now laid out; thence North 22056'00" West
along said Westerly Right-of- Way a distance of704. 76 feet for the Point of Beginning; thence South
87037'22" West, a distance of 300.00 feet; thence North 22056'00" West and parallel to the said
Westerly Right-of-Way line a distance of352.37 feet; thence North 87037'22" East, a distance of
300.00 feet to the said Westerly Right-of-Way line; thence South 22056'00" East, along said
Westerly Right-of-Way line, a distance of 352.37 feet to the Point of Beginning.
ITEM #5
The Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4, Section 13, Township 18 South, Range
34 East, Volusia County, Florida.
And
The Southwest 1/4 ofthe Southeast 1/4 of the Southwest 1/4, Section 13, Township 18 South, Range
34 East, V olusia County, Florida;
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The Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4, Section 13, Township 18 South, Range 0
34 East, Volusia County, Florida. . .' . '. . .' .......
. Containing 68.79. t acres more or less. p
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2004-0-34
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AGENDA REQUEST
Date: Octoher 20, 2004
PUBLIC
HEARING
~
ORDINANCE Novemher 1, 2004
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
TTRM ORSCRIPTION:
Ordinance No. 2004-0-37
Halstead Resources, Inc., agent for Nohra L. Hohn and
Thomas and Patricia Sokol, owners, requesting
annexation of 2.3::1:: acres located at 2203 S. Ridgewood
A venue.
OWNER: Nohra L. Hohn; and Thomas and Patricia Sokol
".... .. . .
APPLICANT: Halstead Resources Inc. - Harold Haynes
REQUESTED ACTION: Annexation
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LOCATION: 2203.S. Ridgewood Ave.(PID # 8402-00-00-0180)
AREA: 2.3::1:: acres
CURRENT LAND USE: Mobile Home and single story concrete building on site.
.FLUM DESIGNATION: Volusia County Urban Low Intensity
ZONING DISTRICT: Volusia County B-4W (General Commercial) and R-3W (Urban Single-Family
Residential)
PROPOSED USE OF PROPERTY: Multi-family residential and professional office
VOTING DISTRICT: 3
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. O:\planning\Pat\CounciJagenda\2004\AN-0407- Halstead. 2nd read!ng.doc '.
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SURROUNDING AREA:
Current Use Future Land Use Map Zoning District
Designation
Nortlt Friendly Shores Mobile Medium Density Residential MH-l (Mobile Home Park)
Home Park
East Indian River Indian River Indian River
Commercial and Single Commercial and Medium B-3 (Highway Commercial)
Soutlt and Multi Family and R-l (Single Family
Residential Density Residential Residential)
Commercial (Riverside Commercial B-3 (Highway Commercial)
West National Bank)
Background: The subject property contains approximately 2.3 acres and is compact and contiguous to
the ,existing city. boundary . lines. The proposed development of the property . is a. multi-family.
. .condominium complex with professional office. uses adjacent to u.s flighway I.:TheComprehensive.
Plan Amendment and Rezoning application process must be completed prior to development of this
property. Additionally, an environmentaf impact study and traffic circuhttion study must be approved.
prior to any development.
At their regularly scheduled. mee,ting held October 18, 2004, City Council. voted 3-0 to approve .the .
annexation request for the subject property. .
Land Use Compatibility: Commercial usage along U:S. Highway 1 with residential to the east is
compatible with existing uses in this area.
Adequate Public Facilities: This property has access to U.S. Highway #1. There is a six inch (6")
waterline and a four inch (4") force main on the east side of U.S, #1 fronting this property. The
developer shall be responsible to extend service to any proposed development. Fire-Rescue response
time to this location is approximately one minute. The minimal amount of residential units and
commercial square footage proposed for this property shall not have an adverse affect on any public
facilities.
Natural Environment: Soil types on this property include Astatula Fine Sand, Cassia Fine Sand, and
Quartzipsamments. On-site vegetation includes generalized urban.
Consistency with Comprehensive Plan: Annexation of this property is consistent with the City of
Edgewater Comprehensive Plan Future Land Use Element's Objective 1.8 (Annexation), Policy 1.8.2,
. which states: "In order' to reduce land use conflicts and for efficient public servlceprovision~ the City
. shill/Investigate arid,~her'ejeasihie, 'annex al/ enclaves as soon as p(/ssibli.'i, .... .'...",.. . .
Ot~er Matters: A.smaU scale Compr~hensive Plan Land.Us~.1}mendment and Rezoning".sh~ll occu~ata ',. .
. later date.
. .Q;\planning\Pat\Councilagenda\2004\AN-040~ - Halstead 2nd n;ading.doc
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STAFF RRCOMMRNDATION
Staff recommends approval of Ordinance 2004-0-37.
ACTION RRQTTRSTRD
Motion to approve Ordinance 2004-0-37.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
10/1 R/04
AGENDA ITEM NO. t'l(T
Respectfully Submitted By:
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Robin Matusick .. ~
ParaJegal .
Kenneth R. J-Ioop r
City Manager
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ORDINANCE NO. 2004-0-37
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 2203 SOUTH RIDGEWOOD AVENUE,
VOL USIA COUNTY, INTO THE CITY OF EDGEW A TER,
FLORIDA; SUBJECT TO THE JURISDICTION,
OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE
MUNICIPALITY; AMENDING THE DESCRIPTION OF THE
CITY OF EDGEW A TER CORPORATE LIMITS; PROVIDING
FOR FILING WITH THE CLERK OF THE CIRCUIT COURT,
VOL USIA COUNTY, THE VOLUSIA COUNTY PROPERTY
APPRAISER AND THE DEPARTMENT OF STATE;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
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WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations: " "
1. Halstead Resources Incorporated are the applicant for Nohra L. Hohn, Thomas and
Patricia Sokol who are the owners of property located 2203 South Ridgewood A venue, within
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V olusia County, Florida. Subject property contains approximately 2.3 i: acres.
2. The owners/applicants have voluntarily petitioned (applied) the City of Edgewater
for annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 3 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on October 13, 2004, the Board
" . rec~)lnmencl~d bya vo~e"0f.5 ,to O.thClt thepropeJ:ty beann~xedinto"the ,City ofEdgewater~ '." "",
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Underlined passages are added.
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2004-0-37
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NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
I. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
. 3.. ..Pursuantto Section 2.01 of the Charterbfthe City of Edgewater; Florida; that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
. .
. 4.. . Within seven (7) days after adoptIon, copies of this ordinance shall be filed with the
. Volusia County Clerk of the Circuit Court; the Volusia County Property Appraiser, the Volusia
County Manager, the Mapping Division of the V olusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any. portion of this ordinance isfor any reason held or declared to be unconstitutional,
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StI nGI< tluongh passages are deleted.
. Underlined passages a.re ad<led:'. .
2004-0-37
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inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
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circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of V olusia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART.F.
ADOPTION...
After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading of this ordinance held on October 18,2004, was as follows:
AYE
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown X
Councilman Dennis Vincenzi ABSENT
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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NAY
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2004-0-37
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After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on November I, 2004, was as
follows:
o . ATTEST:
Q
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
'. City Attorney.
Foley & Lardner, LLP'"
: Shl1ck t1'l1C1l1gh passages.are deleted,-. ,- - .
Uriderliried passages are added. .
2004-0-37
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AYE
NAY
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day of
',2004. .
. CITY COUNCIL OF THE
.CITY OF EDGEWA TER, FLORIDA
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By:
Donald A. Schmidt
.' Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 1 st day of
November, 2004 under Agenda Item No.
6
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EXHIBIT" A"
LEGAL DESCRIPTION
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The following described real property all lying and being in the County of V olusia and State of
Florida.
Begin at the point where the North line of the West Y:z of the Northeast 1/4 of Section 2, Township
18 South, Range 34 East intersects the Easterly Right-of-Way line of the United States No. 1
Highway, a 66 foot Right-of- Way; thence South 26026' East along said Easterly Right-of-Way line
a distance of 1 00 feet; thence East to the West bank of the Indian River North bank a distance of 100
feet more or less, being the point where the North line of the West ~ of the Northeast 1/4 of Section
2, Township 18 South, Range 34 East prolonged intersects the West bank of said Indian River North;
thence West along said last mentioned line to the Point of the Beginning; excepting, however, a 20
foot strip on the South line of said property beginning at point 480 feet East of the East line of
United States Highway No.1, a 66 foot Right-of-Way and running Easterly along the Southern part
of the premises hereby conveyed to the West bank of the Indian River North, and excepting further,
that part of the North 100 feet, measured on the Highway of the West 200feet of the West Kofthe
Northeast 114 Section 2, Township 18 South, Range.34 East, which lies East of and adjacent to the
existing Right-of-Way of State Road 5 (U.S. #1) lying East of and within 125 feet of the existing
centerline of said State Road 5 (U.S. #1), being the West 92 feet of the land herein and above
described.
Together with the following described property, also located inVolusia County, Florida, to wit: 0
. .
The North 69.5 feet of the feet of the following described property:
That certain filled and semi-submerged land lying Easterly from the North 89.5 feet of the U. S. Lot
6, Section 2, Township 18 South, Range 34 East, described as follows: Begin at the Northeast comer
oftheabove...described property thence North.620 East 253.46 feet to the West Right-of. Way line.
of the Intracoastal Waterway: thence South 26014'53" East 101.4 feet; thence 620 West 250.36 feet;
thence North 280 West 101.35 feet to the Point of Beginning.
Containing 2.3 ! acres more or less.
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2004-0-37
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Mr, Ken Hooper
City Manager
City of Edge water
P.O. Box 100
Edgewater, FL 32132
October 29,2004
Dear Mr. Hooper,
We appreciate that Mr. Lear sent us a copy of your recent Transportation Impact
Fee study. We forwarded the study to our attorney for review. Their findings are
that the study is legally deficient in several areas.
The Federal and State roads should be removed from the fee calculation. This is a
ruse to raise the cost of the impact fee. You have absolutely no responsibility for
these roads and should not take any.
The County roads should be removed from the fee calculation. The buyers of
new homes are already paying an impact fee on these roads. This is double
taxation and illegal.
Have your consultants recalculate the impact fee based solely on the 14 listed city
collector roads. Actually Riverside Drive should be removed from this list as it is
designated a constraint road, in your Comprehensive Plan, and will never be
widened.
The construction costs are grossly exaggerated. The cost is calculated as if you
were building a lane on 1-95. Local roads are built to different standards than
state or federal roads. This calculation over inflates the impact fee number. Since
Edgewater has not built a road in the last 5 years, your consultant could contact a
local developer who has been building roads to get a more accurate cost of
construction.
Impact fees may only be used to enhance capacity. Mr. Lear forwarded to me the
short list of road projects, of which not one is an enhancement. Repaving or
rebuilding a road without increasing capacity is an illegal use of impact fee
momes.
The new home owner has right to expect to see an 'improvement' for which they
have paid, within a reasonable allotment of time. Your local Comprehensive Plan
contains no schedule for improvements to add capacity for the next five years. In
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your study it's stated that within ten years this impact fee will be spent. This is
way too long a period of time. The courts have ruled that six years is an
acceptable time frame in which enhancements should be made.
Though some may think that Impact fees are 'free' money - implementing them
brings into the equation responsibility and accountability. We strongly suggest
that you have your consultants recalculate the impact fee using reasonable
numbers.
Should you have any questions, please do not hesitate to call me - 386-226-1414.
Sincerely,
Susan H. Darden, BIAE
Executive Officer
CC: Darren Lear
Scott Cookson
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AGENDA REQUEST
Date: October 19, 2004
PUBLIC
HEARlNG
x
RESOLUTION
ORDINANCE November I, 2004
BOARD
APPOINTMENT
OTHER
CONSENT
BUSINESS
ITEM DESCRIPTION:
151 Reading - Ordinance No. 2004-0-40
Ernestina D. Kayat, owner, requesting annexation of
approximately 37.26:1:: acres of land located west of 4100
S. US Highway I and west of Relocation Road.
OWNER(S): Ernestina D. Kayat, Trustee of the Ernestina D. Kayat Revocable Trust Agreement.
REQUESTED ACTION: Annexation
PROPOSED USE: There are no proposed ch~ges or improvements to the property' at thistim~'.
,', ." .
LOCATION: West of 4100 S. US Highway 1 and west of Relocation Road. .
AREA: 37.26:1:: acres
CURRENT LAND USE: Vacant
FLUM DESIGN~ TION: V olusia County - Industrial and Urban Low Density
ZONING DISTRICT: Volusia County - 1-4 (Industrial Park) and A-3 (Transitional Agriculture)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM Designation Zoning District
North Vacant V olusia County - V olusia County -
Industrial/Urban Low Density 1-4 (Industrial Park) and
A-3 (Transitional
Agriculture)
East Manufacturing Facility Volusia County -Industrial Volusia County -1-4
(Industrial Park)
South Vacant Volusia County -Urban Low Volusia County -A-3
Density (Transitional Agriculture)
West Yacant .Volusia County- Volusia County - .
: . , ,. . . . ".' . IndustriallUrban Low-Density, ' ...1-4 (Industrial Park) and .:
A-3 (Transitional .
. Agriculture)
....:.
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AN-0413- kayat
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ORDINANCE NO. 2004-0-40
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AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF 4100 SOUTH U. S. HIGHWAY #1 AND
WEST OF RELOCATION ROAD, VOLUSIA COUNTY, INTO
THE CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOL USIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the . City Council of the City of Edge water, Florida, has made the following
. , ". .
determinations:
1. Emestina D. Kayat, Trustee of the Emestina D. Kayat Revocable Trust Agreement
Q is the owner/applicantforproperty located west of4100 South U. S. Bighway #1 andwest of
Relocation Road, within Volusia County, Florida. Subject property contains approximately 3 7.26.:!:
acres.
2: The owner/applicant has volmitariIy petitioned (applied) theCit)rofEdgewater for.
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
. to include the property described herein.
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Underlined passages are added.
.2004-0-40
. 1
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PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
. .
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
, After M~tion by
and Second by
'"
the vote on the first reading of this ordinance held on November I, 2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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Struck till o.ngh passage~ are.delete<J..
Underlined passages are added.
, 2004-0-40
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A part ofU. S. Lots 1 and 2, and a portion of the Northwest 1/4 of Section 24, Township 18 South,
Range 34 East, also known as Parcels 0-1, H-l and a portion ofI-l, and all being more particularly
described as follows:
Commence at the Northwest corner of said Section 24, Township 18 south, Range 34 East; thence
North 87037'43" East, along the North line of said Section 24, a distance of 1,977.01 feet for the
Point of Beginning; thence continue North 87037'43" East, a distance of 1 ,214.66; thence South
22055'51" East a distance of 701.65 feet to the centerline of a 60 foot road and utility easement;
thence South 86058'19" West, along said centerline, a distance of 128.72 feet; thence South
03041'04" East a distance of663.84 feet; thence South 86018'56" West, a distance of 1,098.41 feet;
thence North 02041'04" West, a distance 0(676Ao feet to the said centerline of easement; thence ,,'
, South 86058'19" West along said centerline a'distance of245.76 feet; thence North 02022'17" West,
a distance of 673.71 feet to the p'oint of Beginning. Containing 37.26 acres more or less., Subj~ct
to an together with the iight to use a road and utility easement described as follows:
Commence at the Nort.hwest corner of Section 24, Township 18 $outh, l{ange 34 East; thence North
87037'43" East along the North line of said Section 24 a distance of 3,876.74 feet to the Westerly
RJViline of U. S. Highw~y No.1, a 158 foot RJW as now laid out; thence South 22055'51" East
along said Westerly RJW a distance of 661.42 feet for the Point of Beginning; thence South
86058'19" West a distance of2,132.80 feet; thence South 02022'17" East a distance of 60.00 feet;
thence North 86058'19" East a distance of2,155.21 feet to the said Westerly RJW ofU. S. Highway
No.1; thence North 22055'51" West along said RJW a distance of 63.81 feet to the Point of
'" Beginning. Being a'partofSecfion 24, Township18 South, Range 34 East.
Containing 37.26:!: acres more or less.
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2004-Q-40
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AGENDA REQUEST
Date: October 19,2004
PUBLIC
HEARING
RESOLUTION
ORDINANCE November I, 2004
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
151 Reading - Ordinance No. 2004-0-41
Trajan Joe Sfera and Persa Sfera and Jon Sfera and
Selvie Sfera owners, requesting the annexation of
approximately 12.01::1:: acres ofland located west of US
Highway 1 and south of Relocation Road.
OWNER(S): Trajan Joe Sfera and Persa Sfera and Jon Sfera and Selvie Sfera
REQUESTED ACTION: Annexation
PROPOSED USE: There are no proposed changes or improvements to the property at this time.
LOCATION: West of US Highway 1 and south of Relocation Road
AREA: 12.01::1:: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: V olusia County - Industrial
ZONING DISTRICT: V olusia County - 1-1 (Light Industrial).
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM Desirmation Zonine District
North Manufacturing Volusia County -Industrial Volusia County - 1-4
FacilityN acant (Industrial Park)
East Commercial - V olusia County- Volusia County - B-4
Restaurant Com mere iallInd ustrial (General Commercial)II-3W
(Waterfront Industrial)
South Commercial-Restaurant V olusia County - Volusia County - B-4
CommerciallUrban Low Density (General Commercial)/ A-3
(Transitional Agriculture)
West'. ' Vacant, . -:. " Volusia COJ.mty ~lndustrial' , .v olusia County - 1-4, .'
, (Ind~strial Park) ,
". . ." ....-, . .'.
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AN-0409 - Sfera ,
...
Background
These parcels are located just south of 4100 US Highway 1 (KHS Kayat) a manufacturing facility and to the
west of Boston Whaler (see South US 1 Annexation Report).
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At the regularly scheduled meeting of October 13, 2004, the Planning and Zoning Board voted to send a
favorable recommendation to City Council.
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Land Use Compatibility
The annexation of this property and the proposed use is compatible with surrounding current and proposed
uses.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway I.
The City of Edgewater has verified that potable water is available along U.S. I and that sufficient water
capacity exists for this project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater
Treatment Plant and is conveyed via a force main. County staff has indicated that there is adequate
wastewater treatment and disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with
current level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the
proposed project must beaddn~ssed and corrected priodo construc.tion: . .. . . . .... '. .
Natural Environment
Soil types located on this parcel includes Daytona Sand, 0-5% slope and Immokalee Sand. Vegetation
types include Open water; Wet prairie; Scrub Oak; Temperate Hammocks.
Cons~stency with Comprehensive Plan .. . . . . . . _.
The annexation of these parcels is consistent with the FutUre Land Use elements Projected Land Use Needs.
.0...
Other Matters
The Comprehensive Plan Future Land Use Map amendment and the Zoning Map amendment will occur at
a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-41, annexing 12.01:l: acres ofland located west of US
Highway 1, and south of Relocation Road.
ACTION REQUESTED
Motion to approve Ordinance No. 2004-0-41, annexing 12.01:l: acres of land located west of US Highway
I, and south of Relocation Road.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
..:.DATE:
.. AGENDA ITEM NO.
Respectfully Submitted By:
~c.
o.c-J--:. ftS\~~ .':'(;.. k
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. Robm atuslck ... .. .
Paralegal
~~~R-~~r\~'4: "'iJO
City Manager
AN-0409 - Sfera
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ORDINANCE NO. 2004-0-41
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AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U. S. HIGHWAY #1 AND SOUTH OF
RELOCATION ROAD, VOLUSIA COUNTY, INTO THE CITY
OF EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTION.
· WHEREAS, the City"Council.ofthe City.6fEdgewater,Florida~ has made the folloWing.
determinations: .
1. Trajan Joe Sfera and Persa Sfera and Jon Sfera and Selvie Sfera are the
U." . owners/applicants for property located west of U. S. High~ay #1" and south of Relocation Road,
within Volusia County~ Florida~ Subject property contains approximately 12.01 j: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
I.,
annexatiori pursuant tbSection 171 :044~FI6rida Statutes:q.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
5.. During the Planning and Zoning Board meeting on October 13, 2004; the Board
Stru~k tlllon~h passagesar~ deleted.
'UnderrIned passages are added: .
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2004~O-41
,." , ". ....
recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edgewater, Florida:
PART A.
ANNEXA TION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edgewater are hereby redefined to include the property
. described herein and depictedin:the map identified as Exhibit '~B".
3. Pursuant to Section 2.01 of the Charter of the City of Edge water, Florida, that certain
...
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document entitled "Description of City of Edgewater Corporate Limits" shall be amended
~~~ 0
. 4. Within seven (7) days after adoption, copies of this ordinance shall be.filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the V olusia County Growth Management Department;.
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C. . SEVERABILITY AND APPLICABILITY.
Stll1,k thlong:h passages are deleted.
Underlined pasSages are added;
2004-0-41
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If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of V olusia County, Florida.
PARTE.
EFFECTIVE DATE.
This ordinance. shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on November 1, 2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Stll1~k tll1 ongh passagl?s are del~ted. ..
Underlined passages are added.
,0... 2.004-0-41
3
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After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on November 15,2004, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
. PASSED. AND DULY ADOPTED this.
ATTEST: ,
Susan J. Wadsworth
, , City Clerk' ,
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
": Foley. /k. Lardn~r, ~LP
St. tlck till ongh passages are deleted. .
.H . . Underlined passages area.dded. .'
2004-0-41
AYE
NAY
". day. of
. , 2004.
'. .
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
. Mayor
Robin L. Matusick
Legal AssistantlParalegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 15th day
of November, 2004 under Agenda Item No.
6
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A part ofU. S. Lot 1, Section 24, Township 18 South, Range 34 East, and being more particularly
described as follows:
Commence at the N.E. comer of said Section 24, thence N 87037'43" E along the North line of said
Section 24, a distance of3,877.35 feet to the Westerly Right-of-Way line ofU. S. No.1, a 158 feet
Right-of-Way is now laid out; thence S 22055'51" E along said Westerly Right-of-Way a distance
of693.33 feet for the Point of Beginning; thence continue along said Westerly Right-of-Way line
a distance of 350.00 feet; thence S 86058'19" W a distance of 265.88 feet; thence S 220255'51"
E a distance of346.56 feet; thence S 86018'56" W a distance of774.65 feet; thence N 03041 '04" W
a distance of 663.87 feet; thence N 86058'19" E a distance of 810.96 feet to the Point of Beginning.
. Together with the right to use, for ingress and .egress, a 60 foot road and utility easement being
described as follows:
Commence at the NW comer of said Section 24, Township 18 S, Range 34 E, thence N 87037'43"
E along the N line of said Section 24, a distance of3,877.35Jeet to the Westerly Right-of-Way line.
. .0fU. S. Highway No.1, a 158 feet Right-of-Way is now laid out; thence S 22055'51"E along said
Westerly Right-of-Way a distance of661.42 feet for the Point of Beginning; thence S 86058'19" W
a distance of 2,132.80 feet; thence S 02022'17"E a distance of 60 feet; thence N 86058'19" E a
distance of2,155.21 feet to the said Westerly Right-of-Way ofU. S. No.1; thence N 22055'51" W
along said Right-of-Way a distance of63.81 feet to the Point of Beginning, being a part of Section
24, Township 18 S, Range 34 E.
Containing 12.01 :!: acres more or less.
St.ll1ck till ol1gb passages are deleted.
Underlined passages'are added. ..
2004-0-41
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AGENDA REQUEST
Date: October 19,2004
PUBLIC
HEARING
RESOLUTION
ORDINANCE November 1,2004
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
151 Reading - Ordinance No. 2004-0-42
Glenn Storch, authorized agent, requesting annexation of
approximately 28:J: acres ofland located west of US Highway
I, and north of Clinton Cemetery Road.
OWNER(S): John Michael and Patricia B. Hickey
REQUESTED ACTION: Annexation
PROPOSED USE: Residential Development
LOCATION: West of US Highway I, north ofClintori Cemetery Road
AREA: 28:1: acres
CURRENT LAND USE: Vacant
. FLUM DESIGNATION: V olusia County -Urban Low Density.
. ZONING DISTRICT:Volusia County- A-3 (Tran~itional Agriculture)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM Designation Zoning DistriCt .
North Vacant/ Commercial Volusia County- V olusia County - B-4 (General
Commercial/Industrial Commercial)/I-I (Light
Industrial)! 1-4 (Industrial
Park)
East Vacant Volusia County - Industrial/Urban Volusia County -1-3W
Medium Density (Waterfront Industrial)/B-4 W
(General Commercial)
South Vacant/Single Family Volusia County- V olusia County - B-2
Residential CommerciallUrban Low Density (Neighborhood Commercial)/
A-3 (Transitional Agriculture)
West Vacant Volusia County - Urban Low Volusia County - A-3
- . Density (Transitional Agriculture)
AN-0411 - storch-hickey(2)
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Background
This parcel is located south of the existing City limits and is a portion of the South US 1 AIlIle.x:atioll Area. The property
is under contract with a developer who proposes a new single-family residential subdivision, which has not been received
by staff.
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The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting of
October 13,2004.
Land Use Compatibility
The annexation and proposed use of this parcel is compatible with the surrounding area.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway I. The City
of Edgewater has verified that potable water is available along U.S. I and that sufficient water capacity ex ists for th is
project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via a force main. County staff has indicated that there is adequate wastewater treatment and
disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
must be addressed and corrected prior to construction.
Natural Environment
There are no known environmental issues associated with this site, h9wever an environmental impact study must be
approved by the City prior to the development of this property.
Consistency with Comprehensive Plan
The annexation of these parcels is consistent with the Future Land Use elements Proj.ected Land Use Needs.
Other Matters .
The Comprehensive Plan Future Land Use Map and Zoning Map amendments will come at a later date. This property is
included in the South US I Annexation Report prepared by B&H Consultants.
0..
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-42, annexing 28:1: acres of land located west of US Highway I,
and north of Clinton Cemetery Road.
ACTION REQUESTED
Motion to approve Ordinance No. 2004-0-42, annexing 28:1: acres ofland located west of US Highway I, and north
of Clinton Cemetery Road.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By: .
~'~~cJ\{{~
Paralegal City Manager
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AN-0411 - storch-hickey(2)
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ORDINANCE NO. 2004-0-42
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U. S. HIGHWAY #1 AND NORTH OF
CLINTON CEMETERY ROAD, VOLUSIA COUNTY, INTO
THE CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
CORPORATE LIMITS; I1ROVIDING FOR FILING \VITH
THE CLERK OF THE CIRCUIT COURT, VOL USIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
. . WHEREAS, the City Council of the City of Eclgewater, Florida, has made the following
determinations:
1. Glenn Storch of Storch & Morris, P.A. is the agent/applicant for John Michael &
. .. .
Patricia B. Hickey, the owners of prope'rty located west of U. S. Highway # 1, north of Clinton
Cemetery Road, within V olusia County, Florida. Subject property contains approximately 28 f
acres.
2. . The owner/applicant has voluntarily petitioned (applied) the' City of Eclgewater for .
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein..
. .St! t1c.k throtlghpassllges are deleted.
Underlined passages ani added:
. 2004-0-42
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5. During the Planning and Zoning Board meeting on October 13, 2004, the Board
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recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
.2. . The boundaries of the City of Edge water are herebyredefined to include the property.
d~scribed herein anddepicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 of the Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate. Lirriits" shall be. amended 0
accordingly.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
V olusia County Clerk of the. Circuit Court, the V olusia. County Property Appraiser, the V olusia
County Manager, the Mapping Division of the V olusia County Growth Management Department,
and the Department of State.
PARTB.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
.. ,
.StItlck tlllOtl~h passages are deleted.
Underlined passages are added.
2004-0-42
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PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PARTF.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on November 1,2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Stltlck tluotlgh passages are deleted.
Underlined passages are added.
2004-0-42
3
. . ....
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on November 15,2004, was as
follows:
ATTEST: .
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
P AS~ED AND DULY ADOPTED this
Susan J. Wadsworth
City Clerk. .
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
. City Attorney
. Foley & Lardner, LLP'.
Stl tick tin ong,h passages are deleted.
. Underlined passages are added. .
2004-0-42
." !.
AYE
NAY
day of
,2004.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
. Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 15th day
of November, 2004 under Agenda Item No.
6
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of.
Florida.
PARCEL #1
A part of U. S. Lots 1 and 2, and a part of the Northwest 1/4 of Section 24, Township 18 South,
Range 34 East, Vo1usia County, Florida and being described as follows:
As a point of reference, commence at the Northwest corner of said Section 24, Township 18 South,
Range 34 East; thence South 00034'36" East along the Westerly line of Section 24, a distance of
1,400 feet; thence North 86018'56" East, a distance of3,381.03 feet to the centerline of an existing
Mosquito Control ditch for the Point of Beginning; thence continue North 86018'56" East, a distance
of189.97 feet; thence South 22055'51" East a distance of 874.06 feet to the centerline of an existing
. 60 foot road and utility easement; thence South 87053'15" West along said centerline a distance of
204.53 feet; thence North 24027'31" West, along the said centerline of the Mosquito Control ditch,
a distance of 493.42 feet; thence North 19004'31" West, along said centerline, a distance of 3 71.59
feet to the Point of Beginning. Together with the right to use a 60 foot road and utility easement for
ingress and egress as described below:
. . .
.' '. .
A 60 foot road and utility easement between the FEC Railway and U. S. Highway No.1 and being
part ofU. S. Lot 2 and the Northwest 1/4, Section 24, Township 18 South, Range 34 East as crosses
the attached described property, said easement being that 30 foot strip of land lying each side of a
line described as follows: As a point of reference, commence at the Northwest corner of said Section
24, Township 18 South, Range 34 East, thence South 00034'36" East along the West line of said
Section 24, a distance of2,619.48 feet; thence North 87053'15" East, a distance of2,258.67 feet to
a point ori the Easterly R/W line of the FEC Railway, a 100 foot R/W: thence North 22035'17" West.
along the said Easterly R/W line, a distance of 178.45 feet to the Point of Beginning: thence N
89049'38" East a distance of289.97 feet: thence North 67043'02" East, a distance of993.68 feet;
thence North 87053'15" East, a distance of 1 ,340.95 feet to the termination ofthis description on the
Westerly R/W line ofU. S. Highway No.1
PARCEL #2
A part of U. S. Lots 1 and 2 and a part of the Northwest 1/4 of Section 24, Township 18 South,
Range 34 East, V olusia County, Florida, and being described as follows:
'As a point"ofreference.commerice'at the Northwest comer of said Section 24; ToWnship 18 South;
. Stli:tc.k tIlIon~h passages are deleted. .
UnderIined passages are added.
2004-0-42 .
5
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Range 34 East; thence South 00034'36" East along the Westerly line of Section 24, a distance of
1,400 feet; thence North 86018'56" East, a distance of2,556.75 feet for the Point of Beginning; 0
thence continue North 86018'56" East, a distance of 824.28 feet; thence South 19004'31" East, a
distance of 371.59 feet; thence South 24027'31" East, a distance of 493.42 feet; thence South
87053'15" West, a distance of289.67 feet; thence South 67043'02" West, a distance of 501.80 feet;
thence North 22035'17" West, a distance of 1,027.10 feet to the Point of Beginning.
Together with the right to use a 60 foot road and utility easement for ingress and egress described
as follows:
A 60 foot road and utility easement between the FEC Railway and U. S. Highway No. I and being
part ofU. S. Lot 2 and the Northwest 1/4, Section 24, Township 18 South, Range 34 East as crosses
the above described property, said easement being that 30 foot strip ofland lying each side of a line
described as follows: As a point of reference, commence at the Northwest corner of said Section 24,
Township 18 South, Range 34 East, thence South 00034'36" East along the West line of said Section
24, a distance of2,619.48 feet; thence North 87053'15" East, a distance of2,258.67 feet to a point
on the Easterly R/W line ofthe FEC Railway, a 100 foot R/W; thence North 22035'17" W along the
. said Easterly R/Wline, a distance of 178.45 feet for the Point ofBegirining; thence North 89049'38"
East, a distanceof289.97 feet; thence North 67043'02" East, a distance of993.68 feet; thence North
87053'15" East, a distance of 1,340.95 feet to the termination of this description on the Westerly R/W
line ofU. S. Highway No.1.
PARCEL #3
o
A part ofU. S. Lots 1 and 2, Section 24, Township 18 South, Range 34 East lying Easterly of the
Florida East Coast Railway;a 100 foot R/W and being inore particularly described as' follows:
Commence at the Northwest corner of said Section 24; thence South 00034'36" East along the West
line of said Section 24, a distance of 1,400.00 feet; thence North 86018'56" East, a distance of
3,571.00 feet for the Point of Beginning; thence South 22055'51" East, a distance of 874.06 feet;
thence North 87053'15" East, a distance of528.50 feet; thence North 22055'51" West; a distance of
889.42 feet; thence South 86018'56" West, a distance of523.24 feet to the Point of Beginning. The
Southerly 30 feet as measured at right angles to the Southerly line of the above described property
is reserved for a road and utility easement. Together with the right to use a 60 foot road and utility
easement for ingress and egress as described below:
A 60 foot road and utility easement between the FEC Railway and U. S. Highway No.1 and being
part ofU. S. Lot 2 and the Northwest 1/4, Section 24, Township 18 South, Range 34 East as crosses
the attached described property, said easement being that 30 foot strip of land lying each side of a
line described as follows: As a point of reference, commence at the Northwest comer of said Section
24, Township 18 South, Range 34 East, thence South 00034'36" East along the West line of said.
. Seqtion 34; a dist~ce of2,(j19.48 feet; thence North 87053'1511 East, a distance of2,258.67 feet to
Stl t1,k tIll otle;h passages are delete.d.
Underlined passages are added. .
2004-0-42
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a point on the Easterly R/W line of the FEC Railway, a 100 foot R/W: thence North 22035'17" West
along the said Easterly R/W line, a distance of 178.45 feet for the Point of Beginning: thence North
89049'38" East a distance of 289.97 feet: thence North 67043'02" East, a distance of 993.68 feet;
thence North 87053'15" East, a distance of 1 ,340.95 feet to the termination ofthis description on the
Westerly R/W line ofU. S. Highway No.1.
Excepting from the above Parcel 3, those lands described in Official Records Book 27] 7, Page 1263,
Public Records ofYolusia County, Florida.
And less and except the following described parcel:
A part of Section 24, Township 18 South, Range 34 East lying Easterly of the Florida East Coast
Railway, a 100 foot R/W, and being more particularly described as follows: Commence at the
Northwest corner of said Section 24; thence South 00034'36" East along the West line of said Section
24, a distance of 1,400 feet; thence North 86018'56" East, a distance of 3,571.00 feet; thence South
22055'51" East, a distance of874.06 feet; thence North 87053'15" East, a distance of189.25 feet for
the Point of Beginning; thence North 87053'15" East, a distance of 15.00 feet; thence North
22055'51" West, a distance of 310.00 feet; thence South 87053'15" East, adistffitce of 15.00 feet;
thence North 22055'51" West, a distance of31 0.00 feet; thence South 87Q53'15" West, a distance of
150.00 feet; thence South 22055'51" East, a distance of 310.00 feet to the Point of Beginning.
Containing 1.00 acres inoreor less. The Southerly 30 feet as measured at right angles to the
Southerly line of the above described property is reserved for a road and utility easement. Together
with the right to use the easement described below.
Easement - A 60 foot road and utility easement between the Florida East C()ast Railway and U~ S.
'Highway No.1 and being part ofD.8. Lot:2 and the Northwest 1/4, Section 24, Township 1'8 South,
Range 34 East as crosses the attached property, said easement being that 30 foot strip of land lying
each side of a line described as follows: As a point of reference, commence at the Northwest corner
,of said Section 24, Township 18 South, Range 34 East; thence South 00034'36" East along the West
line of said Section 24, a distance of 2,619.48 feet; thence North 87053'15" East, a distance of ,
2,258.67 feet to a point on the Easterly R/W line of the Florida East Coast Railway, a 100 foot R/W;
thence North 22035'17" West along the said Easterly R/W line, a distance of178.45 feet for the Point
of Beginning; thence North 89049'38" East, a distance of289.97 feet; thence North 67043'02" East,
a distance of993.68 feet; thence North 87053'15" East, a distance of 1 ,340.95 feet to the termination
of this description on the Westerly R/W line of the U. S. Highway No.1.
Containing 28 i: acres more or less.
S1:1u,k tlllOl1g1~ passages llre cleleted. "
Underlined passages are added.
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AGENDA REQUEST
Date: October 19.2004
PUBLIC
HEARING
ORDINANCE November 1.2004
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
I sl Reading - Ordinance No. 2004-0-43
Glenn Storch, authorized agent, requesting annexation of
approximately 2.14:1: acres of land located at 199 Clinton
Cemetery Road.
OWNER(S): John Michael and Patricia B. Hickey
REQUESTED ACTION: Annexation
PROPOSED USE: No proposed changes to the use at this time.'
LOCA TION: 199 Clinton Cemetery Road
..
AREA: 2.14:1: acres
CURRENT LAND USE: Single Family Residential
FLUM DESIGNATION: Volusia County - Urban Low Density
ZONING DISTRICT: Vol usia County":" A-3 (Transitional AgriCulture)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM DesiJlnation Zoninf! District
North Vacant/ Commercial Volusia County- Volusia County - B-4 (General
Commercial/Industrial Commercia!)/I -1 (Light
Industrial)! 1-4 (Industrial
Park)
East Vacant Volusia County - IndustriallUrban Volusia County - 1-3W
Medium Density (Waterfront Industrial)/B-4 W
(General Commercial)
South Vacant/Single Family V olusia County - Volusia County - B-2
Residential Commercial/Urban Low Density (Neighborhood Commercial)/
A-3 (Transitional Agriculture)
West Vacant Vol!lsia County - Urban Low. Volusia County - A~3
Density -.' . . (Transitional Agriculture) -
AN-0411 - storch-hickey
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Background
This parcel is located south of the existing City limits and is a portion of the SOllth US I Annexation Area. The property
currently contains an existing single-family residence.
The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting of
October 13,2004.
Land Use Compatibility
The annexation and proposed use of this parcel is compatible with the surrounding area.
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Adeq ua te Pu blic Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway I. The City
of Edgewater has verified that potable water is available along U.S. I and that sufficient water capacity exists for this
project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via a force main. County staff has indicated that there is adequate wastewater treatment and
disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
must ~e addr~ssed and corrected prior t~ const~uction.
Natural Environment. .
There are no known environmental issues associated with this site, however an environmental impact study must be
. approved by the City prior to the development of this property.
Consistency with Comprehensive Plan
The annexation of these parcels is consistent with the Future Land Use elements Projected Land Use Needs.
o
Other Matters
The Comprehensive Plan Future Land Use Map and Zoning Map amendments wiII come at a later date. This property is
included in the South US I Annexation Report prepared by B&H Consultants.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-43, annexing 2.14:1: acres of land located at ] 99 Clinton
Cemetery Road.
ACTION REQUESTED
Motion to approve Ordinance No. 2004-0-43, annexing 2.] 4:1: acres ofland located at ] 99 Clinton Cemetery Road.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
.~~
C3\::;b~ n}:ili t ~t:1\
. . Robin Matusick .. \..
Paralegal
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ORDINANCE NO. 2004-0-43
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 199 CLINTON CEMETERY ROAD, VOL USIA
COUNTY, INTO THE CITY OF EDGEW A TER, FLORIDA;
SUBJECT TO THE JURISDICTION, OBLIGATIONS,
BENEFITS AND PRIVILEGES OF THE MUNICIPALITY;
AMENDING THE DESCRIPTION OF THE CITY OF
EDGEW A TER CORPORATE LIMITS; PROVIDING FOR
FILING WITH THE CLERK OF THE CIRCUIT COURT,
VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY
APPRAISER AND THE DEPARTMENT OF STATE;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
. ....
. 1. Glenn Storch of storch & Morris, P .1\.. {s the agent/applicant for john Michael &
Patricia B. Hickey, the owners of property located at 199 Clinton Cemetery Road, within V olusia
County, Florida. Subject property contains approximately 2.14 i: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on October 13,2004, the Board
reco.mri1ended by a vote of 5 to o that the property be ~exed into the CitY of Edg~water. ..
. StriIck t1l1otlghpassages are deleted. '
Underlined passages are added.
2004-0-43
1.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGE\VATER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "8", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries ofthe City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuantto Section 2.01 of the Charter ofthe City of Edgewater, Florida, that certain' .
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4.
Within seven (7) days after adoption, copies of this ordinance shall be filed with the
. V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
. StltJ,k tlllon~h passages are.deleted.
Underlined passages are added. .
2004-0-43
2
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inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of V olusia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION:
After Motionby'.
and Second by
the vote on the first reading of this ordinance held on November 1, 2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Sttl1ck throl;1gl. passages. are deleted:
Underlined passages are added.
.2004-0-43
3
After Motion by
and Second by
the vote on the second reading/public hearing ofthis ordinance held on November 15,2004, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
.PASSED AND DULY ADOPTED.this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
. ,.Foley & Lardner,LLP . .
. . . Strtlck tluotlgh passages are deleted.
Underlined passages are added.
2004-0-43
AYE
NAY
. day of
,2004..
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor.
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 15th day
of November, 2004 under Agenda Item No.
6
4
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
PARCEL #3
A part of Section 24, Township 18 South, Range 34 East lying Easterly of the Florida East Coast
Railway, a 100 foot R/W, and being more particularly described as follows: Commence at the
Northwest comer of said Section 24; thence South 00034'36" East along the West line of said Section
24, a distance of 1,400 feet; thence North 86018'56" East, a distance of 3,571.00 feet; thence South
22055'51" East, a distance of 874.06 feet; thence North 87053'15" East, a distance of 39.25 feet for
the Point of Beginning; thence North 87053'15" East, a distance of 15.00 feet; thence North
22055'51" West, a distance of310.00 feet; thence South 87053'15" East, a distance of 15.00 feet;
thence North 22055'51" West, a distance of31 0.00 feet; thence South 87053'15" West, a distance of
150.00 feet; thence South 22055'51" East, a distance of 310.00 feet to the Point of Begirinin'g. '
Containing 1.00 acres more or less.' The Southerly 30.00 feet as measured at right angles to the
Southerly line of the above described property is reserved for a road and utility easement. Together
with the right to use the easement described below. ' '. . .'.. . .
Easement - A 60 foot road and utility easement between the Florida East Coast Railway and U. S.
Highway No.1 and being part ofU. S. Lot 2 and the Northwest 1/4, Section 24, Township 18 South,
Range 34 East as crosses the attached property, said easement being that 30 foot strip of land lying
each side ofa line described as follows: As a point of reference, commerice'at the Northwest comer
of said Section 24, Township 18 South, Range 34 East; thence South 00034'36" East along the West
line of said Section 24, a distance of 2,619.48 feet; thence North 87053'15" East, a distance of
2,258.67 feet to a point on the Easterly R/W line of the Florida East Coast Railway, a 100 foot R/W;
thence North 22035'17" West along the said Easterly R/W line, a distance of 178.45 feet for the Point
of Beginning; thence North 89049'38" East, a distance of289.97 feet; thence North 67043'02" East,
a distance of993.68 feet; thence North 87053'15" East, a distance ofl,340.95 feet to the termination
of this description on the Westerly R/W line of the U. S. Highway No. 1.
PARCEL #4
A part of Section 24, Township 18 South, Range 34 East lying Easterly of the Florida East Coast
Railway, a 100 foot R/W, and being more particularly described as follows: Commence at the
Northwest corner of said Section 24; thence South 00034'36" East along the West line of said Section
24, a distance of 1,400 feet; thence North 86018'56" East, a distance of3,571.00 feet; thence South
'22055'51". East, a distance of874;06 feet; thence North 87053'15" East, a distance of 189.25 feetfor
. Stl tlck tin otlgh passages are deleted.'
Underlined passages are added. '
2004~O-43
5
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the Point of Beginning; thence North 87053'15" East, a distance of 15.00 feet; thence North
22055'51" West, a distance of310.00 feet; thence South 87053'15" East, a distance of 15.00 feet; 0
thence North 22055'51" West, a distance of31 0.00 feet; thence South 87053'15" West, a distance of
150.00 feet; thence South 22055'51" East, a distance of 310.00 feet to the Point of Beginning.
Containing 1.00 acres more or less. The Southerly 30 feet as measured at right angles to the
Southerly line ofthe above described property is reserved for a road and utility easement. Together
with the right to use the easement described below.
Easement - A 60 foot road and utility easement between the Florida East Coast Railway and U. S.
Highway No.1 and being part ofU. S. Lot 2 and the Northwest 1/4, Section 24, Township 18 South,
Range 34 East as crosses the attached property, said easement being that 30 foot strip of land lying
each side of a line described as follows: As a point of reference, commence at the Northwest comer
of said Section 24, Township 18 South, Range 34 East; thence South 00034'36" East along the West
line of said Section 24, a distance of 2,619.48 feet; thence North 87053'15" East, a distance of
2,258.67 feet to a point on the Easterly R/W line of the Florida East Coast Railway, a 100 foot R/W;
thence North 22034'17" West along the said Easterly R/W line, a distance of 178.45 feet for the Point
of Beginning; thence North 89049'38" East, a distance of289.97 feet; thence North 67043'02" East,
a distance of993.68 feet; thence North 87053!15" East, a distance ofl,340.95 feet to the termination .
ofthis description on the Westerly R/W line of the U. S. Highway No. 1. ..
Containing a total of 2.14 :t acres more or less.
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Struc;~. thiOt1~h paSS<;1ges are. deleted. ..
Underlined passages are added. .
2004-0-43
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AGENDA REQUEST
Date: October 19, 2004
PUBLIC
HEARlNG
x
RESOLUTION
ORDINANCE November I, 2004
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
151 Reading - Ordinance No. 2004-0-44
Glenn Storch, authorized agent, requesting annexation of
approximately 4.70:l:: acres of land located west of US
Highway I, and north of Clinton Cemetery Road.
OWNER(S): John Michael and Patricia B. Hickey
REQUESTED ACTION: Annexation
PROPOSED USE: No proposed changes at this time.
. .
LOCATION: West of US Highway I, north of Clinton Cemetery Road'
AREA: 4.70::1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Commercial
ZONING DISTRICT: Volusia County - B-2 (Neighborhood Commercial)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM Desienation Zonine District
North Vacant/ Commercial V olusia County - Volusia County - B-4 (General
Commercial/Industrial Commercial)/I-I (Light
Industrial)/ 1-4 (Industrial
Park)
East Vacant Volusia County - IndustriallUrban Volusia County - I-3W
Medium Density (WaterfTont Industrial)IB-4 W
(General Commercial)
South Vacant/Single Family Volusia County- V olusia County - B-2
Residential Commercial/Urban Low Density (Neighborhood Commercial)!
A-3 (Transitional Agriculture)
West Vacant Volusia County - Urban Low Volusia County - A-3
Density (Transitional Agriculture)
AN-04 I I - storch-hickey(3)
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Background
This parcel is located south of the existing City limits and is a portion ofthe SOllth US 1 Annexation Area. The property
is under contract with a developer who proposes a new single-family residential subdivision, which has not been received
by staff.
The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting of
October 13,2004.
Land Use Compatibility
The annexation and proposed use of this parcel is compatible with the surrounding area.
o
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway I. The City
of Edgewater has verified that potable water is available along U.S. I and that sufficient water capacity exists for this
project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via a force main. County staff has indicated that there is adequate wastewater treatment and
disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
must be addressed and corrected prior to construction.
Natural E.nviro~m~n( . .
There are no knoWn environmental issues associated with this site, however an environmental impact study must be
approved by the City prior to the developmentofthis property.
Consistency with Comprehensive Plan
The annexation of these parcels is consistent with the Future Land Use elements Projected Land Use Needs.
o
Other Matters
The Comprehensive Plan Future Land Use Map and Zoning Map amendments will come at a later date. This property is
included in the South US I Annexation Report prepared by B&H Consultants.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-44, annexing 4.70:1: acres ofland located west of US Highway
I, and north of Clinton Cemetery Road. .
ACTION REOUESTED
Motion to approve Ordinance No. 2004-0-44, annexing 4.70:1: acres ofland located west of US Highway I, and
north of Clinton Cemetery Road.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
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.' " Rqbm Maluslck .' ,,' .
Paralegal
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AN-0411 - storch-hickey(3)
,
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ORDINANCE NO. 2004-0-44
u
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U. S. HIGHWAY #1 AND NORTH OF
CLINTON CEMETERY ROAD, VOLUSIA COUNTY, INTO
THE CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTION.
. . .
WHEREAS, the City Council of the City of Edgewater, Florida, has made the folloWing
determinations:
1. Glenn Storch of Storch & Morris, P.A. is the agent/applicant for John Michael &
Q Patricia B. Hickey, the owners of property located west of U. S. Highway # l' and north of Clinton
Cemetery Road, within Volusia County, Florida. Subject property contains approximately 4.70::!:
acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein..
.Q.
. . .Stl~~k throtlghpassages are deleted.
Underlined passages are added.
2004-0-44
,
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5. During the Planning and Zoning Board meeting on October 13,2004, the Board
recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater.
o
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXA TION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEWATER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, be'nefits and privileges of the municipality.
, 2. '. The boundaries of the City of Edge water are hereby redefined to include the property
'described herein and depicted in the ~ap ide~tified as Exhibit "B". .
3. Pursuant to Section 2.01 of the Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended 0,
accordingly.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the V olusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
StI t1Gk till ongh passages are deleted.
, '. .. Underlined passages are added;
2004-0~44
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PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
" pART Eo
EFFECTIVE nATE.
" This ordinance shall take ~ffect upon adoption.
PARTF.
ADOPTION.
After Motion by"
and Second by
the vote on the first reading of this ordinance held on November I, 2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Stmck t.hl(:JUgh passage:; are deleted. :. ""
Underlined passages are added.
2004-0~44
3
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on November 15,2004, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
. . Foley & Lardner, LLP .
Stlltck t1uongh passages are deleted.
.Underlirted passages are added. .
2004-0-44
AYE
NAY
. day of
,.2004.. .
CITY COUNCIL OFTHE
CITY OF EDGEWATER,.FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 15th day
of November, 2004 under Agenda Item No.
6
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EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
PARCEL 1
Parcels BB, CC, DD, EE and FF, ofHamels Unrecorded Subdivision being a portion of Government
Lot 2, Section 24, Township 18 South, Range 34 East, Volusia County, Florida, lying Westerly of
and adjacent to U. S. Highway No.1 and being more particularly described as follows:
Commence at the Northwest corner of said Section 24; thence South 00034'36" East along the
Westerly line of said Section 24, a distance of 1,400.00 feet; thence North 86018'56" East, a distance
of 4,408.69 feet to the Westerly R/W of said U. S. Highway No.1; thence South 22055'51" East
along the said Westerly R/W, a distance of21O.25 feet for the Point of Beginning; thence continue
. South22055'51"East, adistanceofl;223~33 feet;theilce South 87053'15" West, adistance'of319:88
feet; thence North 22055'51 "'West;adistance of534.94 feet; thence North 87053'15" East, a distance
of 1.63 feet; thence North 22055'51" West, a distance of 688.39 feet; thence North 87053'15" East,
a distance of 318.25 feet to the Poiniof Beginning. ...... .... .'
Less and except that portion Deeded in Official Records Book 5056, Page 2361, Public Records of
Volusia County, Florida. Subject to and together with the right to use a 60 foot road and utility
easement per Official Records Book 2067, Page 1766, Public Records of Vol usia County, Florida.
PARCEL 2
A part of Section 24, Township 18 South, Range 34 East, Volusia County, Florida, lying Easterly
of the Florida East Coast Railway, a 100 foot R/W, and being more particularly described as follows:
Commence at the Northeast comer of said Section 24; thence South 00034'36" East along the West
line of said Section 24, a distance of 1,400 feet; thence North 86018'56" East, a distance 00,571.00
feet; thence South 22055'51" East, a distance of874.06 feet; thence North 87053'15" East, a distance
of 189.25 feet for the Point of Beginning; thence North 87053'15" East, a distance of 15.00 feet;
thence North 22055'51" West, a distance of31 0.00 feet; thence South 87053'15" West, a distance of
150.00 feet; thence South 22055'51" East, a distance of310.00 feet to the Point of Beginning. The
Southerly 30 feet as measured at right angels to the Southerly line of the above described property
is reserved for a road and utility easement. Together with the right to use the easement described
below.
. Stlt1d~.t1HOtlgh passages are deleted.
Underlin'ed passages are added. . .
2004-0"44
5
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Easement - A 60 foot road and utility easement between the Florida East Coast Railway and U. S.
Highway No.1 and being part ofU. S. Lot 2 and the Northwest 1/4, Section 24, Township 18 South, 0
Range 34 East as crosses the attached property, said easement being that 30 foot strip of land lying
each side of a line described as follows: As a point of reference commence at the Northwest corner
of said Section 24, Township 18 South, Range 34 East; thence South 00034'36" East along the West
line of said Section 24, a distance of 2,619.48 feet; thence North 87053'15" East, a distance of
2,258.67 feet to a point on the Easterly R/W line of the Florida East Coast Railway a 100 foot R/W;
thence North 22035' 17" West along the said Easterly R/W line a distance of 178.45 feet for the Point
of Beginning; thence North 89049'38" East, a distance of289.97 feet; thence North 67043'02" East,
a distance of993 .68 feet; thence North 87053' 15" East, a distance of 1 ,340.95 feet to the termination
of this description on the Westerly R/W line ofU. S. Highway No.1.
Containing 4.70 :!: acres more or less.
o
. Stl.t1Gk tluotlgh passages .are deleted.
. . . Underlined passages are added:
2004-0-44
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AGENDA REQUEST
Date: October 19. 2004
PUBLIC
HEARING
x
RESOLUTION
C,.l
ORDINANCE November 1.2004
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
151 Reading - Ordinance No. 2004-0-45
Daniel J. and Christine M. Herman, owners, requesting
annexation of approximately 3.65:f: acres of land located west
of US Highway 1 and south of Clinton Cemetery Road.
OWNER(S): Daniel J. and Christine M. Herman
REQUESTED ACTION: Annexation
PROPOSED USE: No proposed changes to the use at this time.
. .
. .
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LOCATION: West oitis Highway I and south of Clinton Cemetery Road.
AREA: 3.65:f: acres
CURRENT LAND USE: Vacant
. FLUM DESIGNATION: VoIusia County - Commercial
ZONING DISTRICT: Volusia County - B-2 (Neighborhood Commercial)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use
North Vacant
FL UM Desi nation
V olusia County - Commercial
East
Vacant/Manufacturing
Facili
Vacant
Volusia County - Urban Medium
Densi
Volusia County- Urban Low
Densi
Volusia County - Urban Low
Densi
South
West
Vacant
AN-041O - Herman
Zonin DistriCt.'
Volusia County - B-2
ei hborhood Commercial)
Volusia County - B-5W
Hea Commercial
Volusia County - A-3
Transitional A riculture)
Volusia County - A-3
Transitional A riculture)
.. ..
,
.
Background:
This parcel is located south of the existing City limits and is a portion of the South US 1 Annexation Area. There
are no proposals for development at this time (see South US 1 Annexation Report).
o
The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting
of October 13,2004.
Land Use Compatibility:
The proposed commercial designation of this property is compatible with properties located along US Highway I.
Adequate Public Facilities:
This site is within the City's water and sewer service area and has direct roadway access to US Highway I. The City
of Edgewater has verified that potable water is available along U.S. 1 and that sufficient water capacity exists for this
project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via a force main. County staff has indicated that there is adequate wastewater treatment and
disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indisation of a deficiency in roadway capacity due t9 the proposed project
must h.e addressed and corrected prior to cons.truc~ion. ...
Natural Environment:
There are no known environmental issues associated with this site. .
Consistency with Comprehensive Plan:
. The annexation of these parcels is consistent with the Future Land Use elements Projected ~and Use Needs.
o
Other Matters:
A Comprehensive Plan amendment and rezoning shall occur at a later date.
ST AFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-45, annexing 3.65:l: acres of land located west of US Highway I
and south of Clinton Cemetery Road.
ACTION REQUESTED
Motion to approve Ordinance No. 2004-0-45, annexing 3.65:l: acres ofland located west of US Highway 1 and
south of Clinton Cemetery Road.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
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. . Robin Matusick ......
Paralegal..
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. el)1leth. R. Hoope
City Manager
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AN-0410 - Herman
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ORDINANCE NO. 2004-0-45
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U. S. HIGHWAY #1 AND SOUTH OF
CLINTON CEMETERY ROAD, VOLUSIA COUNTY, INTO
THE CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEWATER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOL USIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF ST ATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
. . .
. .
determinations:
1. Daniel J. and Christine M. Herman are the applicants/owners for property located
" .
. . . '. . . . .' .' . .
west ofU.. S. Highway # t" and south of Clinton Cemetery Road, within V olusia County, Florida.
Subject property contains approximately 3.65 .:!: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to SeCtion 171 ~044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
5.
During the Planning and Zoning Board meeting on October 13; 2004, the Board
. . . . .
. .'.-
. .'
~tJtlck t1uotlgh passages are di;lleted.
Underlined passages are added.
2004-0-45
recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edgewater are hereby redefined to include the property
described herein and depiCted in the map identified as Exhibit "E".
3. Pursuant to Section 2.01 of the Charter ofthe City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
'acc;ordingl y.
4.
Within seven (7) days after adoption, copies of this ordinance shall be filed with the
Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia
, County Manager, the Mapping Division of the VdlusiaCountyGrowth Management Department;
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C. . SEVERABILITY AND APPLICABILITY.
. 'Stl UGk t1uongh passages are deleted.
. UnMrlinedpassages are added, '
20'04-0~4S
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If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption. ..
PARTF.
ADOPTION.
After Moti<;m by
. .
and Second by
the vote on the first reading of this ordinance held on November 1, 2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
~ "
. Stl tlcktlitongh p'~~sages are.deieted:
Underlined passages are added.
2004-0-45
3
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After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on November 15,2004, was as
follows:
ATTEST:.
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this..
Susan J. Wadsworth
. City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
. . . Foley & Lardner, LLp.. .
StI tick through passages are deleted. .
Underlined pa'ssages are added..
. 2004-0-45
AYE
NAY
day of
, 2004.'
CITY COUNCIL OF THE.
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 15th day
of November, 2004 under Agenda Item No.
6
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A parcel of land being a portion of Govenunent Lot 2, Section 24, Township 18 South, Range 34
East, lying Westerly of and adjacent to U. S. Highway No.1 and being more particularly described
as follows: Commence at the Northwest corner of said Section 24; thence South 00034'36" East,
along the Westerly line of said Section 24, a distance of 1,400 feet; thence North 86018'56" East, a
distance of 4,408.69 feet to the Westerly right of way line of said U. S. Highway No.1; thence South
22055'51" East along the said Westerly right of way line, a distance of 898.64 feet to the Point of
Beginning of the herein described parcel; thence continue South 22055'51" East along the said
Westerly right of way line ofU. S. Highway No. 1 a distance of534.94 feet; thence South 87053'15"
West a distance of318.25 feet; thence North 22055'51" West, a distance of534.94 feet; thence North
87053'15" East a distance of 318.25 feet to the Point of Beginning. Subject to a 60 foot road and
utility easement per Official RecordsBook2067, Page 1766, Public Records of Vol usia County,
Florida." ."" " . "
Containing 3.65 :!: acres more or less.
: ~ ."...;
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Underlined passages are added.
2004-0-45
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AGENDA REQUEST
Date: October 19.2004
PUBLIC
HEARING
ORDINANCE November I. 2004
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
I st Reading - Ordinance No. 2004-0-46
Glenn Storch, authorized agent, requesting annexation of
approximately 74:1: acres of land located west of US Highway
I and south of Clinton Cemetery Road.
OWNER(S): Belmont Homes
REQUESTED ACTION: Annexation
PROPOSED USE: Single-Family Residential Development
. . . .
LOCATION: West of US Highway i, 'ari~ south of Clinton Cemetery Road
AREA: 74:1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County -Urban Low Density
ZONING DISTRICT: Volusia County - A-3 (Transitional Agriculture)
VOTING DISTRICT: 4
SURROUNDING AREA
Curre1lt Land Use FLUM Desi nation Z01li1l District
North Vacant/Single Family V olusia County - Urban Low Volusia County - A-3
Residential Density /Commercial (Transitional Agriculture )/B-2
ei hborhood Commercial
East CommercialN acant Volusia County - Urban Medium Volusia County - MH-5W
Density (Urban Mobile Home)/B-4
General Commercial
South Commercial office Volusia County - Urban Low Volusia County - A-3
Densi Transitional A iculture
West Vacant V olusia County - Rural Volusia County - A-2 (Rural
A riculture)
'. .
AN-0412 - Storch-Belmont
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Background
This parcel is located south of the existing City limits and is a portion of the South US 1 Annexation Area. The property
is under contract with a developer who proposes a new single-family residential subdivision, which has not been received
by staff.
The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting of
October 13,2004.
o
Land Use Compatibility
The annexation and proposed use of this parcel is compatible with the surrounding area.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway I. The City
of Edgewater has verified that potable water is available along U.S. I and that sufficient water capacity exists for this
project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via a force main. County staff has indicated that there is adequate wastewater treatment and
disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
m.ust .be add~essed and corrected prior to construction:
Natural Environment
An environmental impact study must be completed and approved by City staff prior to development of this property.
Consistency with Comprehensive Plan
The annexation of these parcels is consistent with the Future Land Use elements Projected Land Use Needs.
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Other Matters
The Comprehensive Pllin Future Land Use Map an.d Zoning Map amendments\Vill come at. a later d~te. EncIosed is
the South US I Annexation Report prepared by B&H Consultants.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-46, annexing 74:1: acres ofland located west of US Highway I
and south of Clinton Cemetery Road.
ACTION REQUESTED
Motion to approve Ordinance No. 2004-0-46, annexing 74:1: acres ofland located west of US Highway I and south
of Clinton Cemetery Road.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
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. Paralegai
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CitY Manager'
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AN-0412 - Storch-Belmont
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ORDINANCE NO. 2004-0-46
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U. S. HIGHWAY #1, SOUTH OF
CLINTON CEMETERY ROAD AND NORTHWEST OF
RIVER PARK BOULEVARD, VOLUSIA COUNTY, INTO THE
CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEWATER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Councilofthe.City of Edgewater; Florida, has.made the following
determinations:
1. Glenn Storch of Storch & Morris, P.A. is the agent/applicant for Belmont Homes,
owners .of property located west of U. S. Highway #1, south .of Clinton Cemetery Road . and.
northwest of River Park Boulevard, within Volusia County, Florida. Subject property contains
approximately 74 :!: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
. . to include the property described herein.
Sti I1ck t1liol1gl1 llassages are d(:leled. .
Underlined passages are added.' .'
.' .
2004-0-46
1
5. During the Planning and Zoning Board meeting on October 13, 2004, the Board
recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXA TION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEWATER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
.2. ,.,The boundaries of the City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as' Exhibit "B".
..
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3. Pursuant to Section 2.01 of the Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended 0
accordiiigl y.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia
County Manager, the Mapping Division of the V olusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
Stl.tt,-k tluottg,h passages ~re delett;d,
Undertined pass'ages' are'added: '
2004-0~46
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PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
. . . '. .. .
PART E.. . EFFECTIVE DATE.
. This ordinance sheill take effect upon adoption.
PARTF.
ADOPTION.
Afte~ Motion by
and Second by .
the vote on the first reading of this ordinance held on November 1, 2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
," 'Stltltkthi~'nih 'passag~s are deleted. " .
U.nderlin~d pas.sages are added: . .
2004-0-46
3
. Or'
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on November 15,2004, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
.P ASSED A~D DULY ADOPTED this.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
. . :.. .Fol~y &.Lm:dner,.L,LP
. Stl.l1Gk tluol1gh pa:;sages are a.el~ted. .
. :Uncie.rlined passages a~e.added. .., .
2004-0-46
AYE
NAY
day of
,2.004.
CITY COUNCIL OF THE
<;ITY O~ ED~EW A TE~" FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 15th day
of November, 2004 under Agenda Item No.
6
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
That part of the South Y2 ofU. S. Government Lot 3, located in Section 24, Township 18 South,
Range 34 East, (as measured on the West line ofU. S. Highway No.1), lying West ofU. S. Highway
No.1 and that part of Section 19, Township 18 South, Range 35 East, lying East of the South Yz of
U. S. Government Lot 3, Section 24, Township 18 South, Range 34 East and lying West ofU. S.
Highway No.1 and the South 548 feet of that part of the Northeast 1/4 of the Southwest 1/4 of said
Section 24, lying East of the Florida East Coast Railway and the South 548 feet of that part of the
Northwest 1/4 of the Southeast 1/4 said Section 24, lying East of the Florida East Coast Railway.
That part of the North Yz of U. S. Government Lot 3, located in Section 24, Township 18 South,
Range 34 East (as measured on the West line ofU. S. Highway No.1), lying West ofU. S. No.1
Highway 'and 'that part of the Northeast 1/4 of the Southwest'1/4 and the 'Northwest '1/4'cif the
. Southeast 1/4 of Section 24, lying East oftheFEC Railway except the South 548 feet and except the
North 247.7 feet of the West 990 feet of the Northwest 1/4 of the Southeast 1/4 and except the North.
247.7 feet ofthe East 446 feet ciftheNortheast 1/4 of the Southwest f/4 oIs'aid Section 24. '
Containing 74 :t acres more or less.
, ,
. ~tlltGkthrough passages are deleted.
Underlined passages are added.
2004-0-46
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AGENDA REQUEST
Date: October 13, 2004
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD APPOINTMENT
CONSENT
OTHER
BUSINESS
x
ITEM DESCRIPTION:
Law Enforcement Block Grant (LLEBG) #2004-LB- VX-0405
BACKGROUND:
The Edgewater Police Department has been selected to receive a local Enforcement Block Grant
from the Department of Justice in the amount of$6,847.00. The City will provide $1,153.00 over
the grant period from the Law Enforcement Trust Fund (LETF) as a required cash match.
. STAFF RECOMMENDATION:
Staff recommends that the City accept the $6,847.00 grant and authorize a cash match of
$1,153.00 from the Local Law Enforcement Trust Fund.
PREVIOUS AGENDA ITEM:
NO
YES
x
DATE:
AGENDA ITEM NO.
C5A --.J.
~~OJ t-' ~~-<.
Robin Mamsick l
Paralegal
\~~~ ~ ~C~~~ ~~ t;-
Kenneth R. Hooper ') \)
City Manager
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FDLE
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Florida Department of
Law Enforcement
Office of Criminal Justice Grants Mailing Address:
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
(850) 410-8700
Guy M. Tunnell
Commissioner
September 29, 2004
The Honorable Donald Schmidt
Mayor of Edgewater
Post Office Box 1 00
Edgewater Flor~da32132-0100
Dear Mayor Schmidt:
The State of Florida has received an award in the amount of $850,285 for State Fiscal
Year 2004-2005 from the U. S. Department of Justice, Local Law Enforcement Block 0
Grants Program. The Florida Department of Law Enforcement (FDLE), Office of
Criminal Justice Grants is the State Administrative Agency for these grant funds which
are distributed to units of local government based on locally reported Part I crime
statistics. The FDLE has allocated $6,847 from this award for use by your agency, in
accordance with the provisions of the Omnibus Appropriations Act of 1996 (Public Law
1 04-1 34. )
Recipients of this award are required to provide a ten percent cash match of the total
project amount. This award is disbursed initially in one lump sum and contingent upon
availability of federal funds. Allocations must be used for one of seven Program
Purpose Areas listed in the application. As a condition of receiving this award, the
subgrantee must continue to report to the Florida Department of Law Enforcement's
Uniform Crime Report.
Recipients must apply on-line using FDLE's new grant management system, Subgrant
Information Management On-Line (SIMON). In addition to the on-line submission,
recipients must print out the completed application and submit two hard copies (with
original signatures) to the Office of Criminal Justice Grants (address provided below) no
later than November 15, 2004.
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Committed to
Service . Integrity' Respect . Quality
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September 29, 2004
Page 2
SIMON can be accessed at http://simon,fdle.state.fl.us on October 1, 2004. The following
steps should be taken prior to completion of an application:
1. The Project Director is typically responsible for the administration of the subgrant
activities and; therefore, should create a user account for the Chief Official, Chief
Financial Officer, as well as themselves for submission of the application, Users will
then receive an email containing the username and password. These are computer
generated and only the person whose email address appears in the request will
receive the username and password. User may now proceed to the next step.
2. Enter the Subgrantee Organization and Implementing Agency (if different from the
subgrantee) into SIMON. User will receive an email approving the Organization(s)
. and may now proceed to the next step. ' ..
3. The Project Director should then modify or request permission to fill out an
application. Email notification will be sent approving the applicants' request and
granting clearance to proceed with the application itself.
Due to the time involved in processing and approving user accounts and organization(s)
requests, it is imperative that these steps be taken as soon as possible.
Application completion will require an "Announcement Code" which is a security feature
allowing access to the application. The Announcement Code is LLEBG0405. Please note
that this Code will be activated by the Office of Criminal Justice Grants on October 1, 2004.
Application completion will not be possible without this Code. To assist you in completing
this application a user manual is available on-line. The Project Start and End Dates in the
on-line application should reflect the period February 1, 2005, through July 31,2005. Upon
completion and prior to on-line submission, two hard copies of the application should be
printed, signed and mailed (both with original signatures) to:
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
"
Committed to
Service. Integrity' Respect . Quality
September 29, 2004
Page 3
The Office of Criminal Justice Grants looks forward to the launching of its new grant
management system, SIMON, during this application cycle. Our office is available for
any assistance needed Monday through Friday, 8:00 a.m. - 5:00 p.m. EDT. Please
contact Heather Gilbreath heatherqilbreath@fdle.state.fl.us at (850) 410-8700 for
SIMON issues, otherwise call Janice Parish, Planning Manager.
Sincerely,
.
C20LLLik ~. ~
Claytoh H. Wilder
Community Program Administrator
CHW/JP/mb
cc: Project Director
Committed to
Service' Integrity' Respect . Quality
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LOCAL LA W ENFORCEMENT BLOCK GRANT 2004
(LLBG)
TASER & ACCESSORIES (Officer Safety Issue)
The Department will purchase one (1) additional Taser and all associated
accessories (holsters, training cartridges, duty ammo, etc) for issue to a
Patrol Officer. This will allow all uniform patrol Officers to be armed with
Tasers and have immediately available for emergency use if needed.
Recently Patrolffraffic Division has expanded its field positions by one
Officer. Tasers are issued to each Officer assigned to a uniform position to
deal with suspects who physically resisted arrest, assault Officers or
attempted to flee by using force. Tasers are a means to safely affect the
arrest of these individuals without having to physical engage/subdue through
other means. It physical equalizes issues such as gender, age, size, and
numbers without increasing risks of injury to suspects/Officers involved.
This will contribute to reducing both Officer and suspect injuries in arrest or
violent situations.
Projected cost - $707.00
M3 TACTICAL LIGHT KITS (Officer Safety Issue)
The Tactical light kits attach onto the front of an Officer's Departmentally
issued Glock handgun. This will allow Officers working nights who are
required to search buildings, vehicles, or open/wooded areas for suspects to
have their weapons drawn in situations that warrant such precautionary
action while operating a light at the same time. An Officer can keep a
suspect under light and covered with hislher weapon at the same time while
having the other hand free to operate a radio and perform another action
such as taking out their handcuffs. The lights operates independently from
the frrearm by way of its own switch and detaches when not in use. Issue of
such kits will only be made to uniform Patrol Officers who experience
nighttime duty.
Proj ected cost - $2,400.00
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REVERS ABLE 48" RAINCOATS
(Officer Safety)
o
Weare seeking to purchase a total of (36) reversible raincoats built
especially for Law Enforcement use. Unlike out present rainwear that is one
color and non-reversible this new version can be used for two totally
different types of situations. Dark for nighttime or regular wear when an
Officer desires to blend into the area to lower hislher profile. Bright orange
when an Officer needs to work a traffic post, accident scene, or special event
when he/she wants to highlight their presence to others. This will provide
Officers flexibility in adverse weather situations to deal with changing
situations as the need develops (One coat to do two things). "POLICE" will
be prominently marked on rear panel each side.
It has reflective striping on the bright side and easy access pocket for
. Officers to get to their radios or frreatms while wearing either side out. It is
also 100% waterproof.
Projected cost - $1,258.20
TRAFFIC SAFETY ACCESSORIES
(public Safety Issue)
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Traffic is seeking to enhance its ability to deal with vehicular/pedestrian
flow situations, which arise either out emergency conditions or special
events. When power is lost or storm situations affect our area many times
roadways situations become public safety hazards that must be immediately
dealt with. Barricades, traffic control cones, and portable signs are needed to
direct people and vehicles safely through areas with causing injury or harm.
Down power lines, flooded roadways, and uncontrolled intersections pose
specific risks that need to be immediately dealt with. The addition of these
items will allow the Traffic Unit to move effectively promote public safety
in times of need.
The Traffic Section is in need various types of portable traffic cones,
barricades, and signs, which can be, deployed quickly from mobile storage
. trailers or vehicle trunks where applicable. All equipment would remain
under the direct physical control of the Traffic unit and be available.24 hours
a day for emergency deployment.
Projected cost - $3635.24
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U LOCAL LAW ENFORCEMENT BLOCK GRANT REQUESTED ITEMS
ITEM DESCRIPTION UNIT COST NUMBER TOT AL COST
Taser with all associated $707.50 (1) $707.50
Accessories - cartridges,
Holster, ammo
M3 Tactical Light Kits $119.95 (20) $2,399.00
48" Reversible Raincoats, $34.95 (36) $1,258.20
With "Police" on rear both
Sides.
U Traffic Safety Accessories Varies Varies $3,635.24
(Coneslbarricades/stands)
Total projected costs $8,000.00
LLBG A ward $6,847.00
LETF Match $1,153.00
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AGENDA REQUEST
Date: 10/15/04
PUBLIC
HEARING
ORDINANCE
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS
xx
CONSENT
ITEM DESCRIPTION:
Engineering Services Proposal for Alan R. Thomas WTP Sludge
Handling Facilities and Sodium Hypochlorite Disinfection Conversion by
Quentin L. Hampton Associates, Inc.
BACKGROUND:
Both the lime sludge handling and.gaseous chlorine disinfection treatment'
processes atthe Alan R. Thomas'Water Treatment Plant needs to be
modified to provide for safer and more efficient plant operation, and to be
more compatible with the developments which will soon surround the
existing plant site. Both the engineering and subsequent construction
activity has been approved in the FY 2005 Budget.
STAFF RECOMMENDATION:
Staff recommends approval of the Engineering Proposal from
Quentin L. Hampton Associates, Inc. for the Alan R. Thomas
WTP Sludge Handling Facilities and Sodium Hypochlorite
Disinfection Conversion at a fee of $72,600.00 to include the
following tasks:
1. Preliminary Design Phase
2. Final Design Phase
3. Bidding Phase
4. Construction Phase
ACTION REQUESTED: A motion to approve the Engineering Services Proposal for the Alan R.
Thomas WTP Sludge Handling Facilities and Sodium Hypochlorite
Disinfection Conversion as submitted by Quentin L. Hampton Associates,
Inc. for a fee of $72,600.00, and to authorize the City Manager to execute
the engineering work order on behalf o:~~ /
FINANCIAL IMPACT: (FfNANCEDUl.ECTOR)~ t': ~~ .
(SPECIFY IF BUDGET AMENDMENT IS REQillRED)
PREVIOUS AGENDA ITEM:
NO
YES
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~IW~
Department ~ctor
~~~~\
Robin Matusick, Paralegal ~
~ ,,\~~
Kenneth R. Hooper
City Manager
C:\MyDociments\TerrysFiles\AgendaRequest
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WAm AND SEWI'.R DEVEI..OI'MI". FEE
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.1tt1 1113 .2tN 2tN 2tI5 I
AcruAL ACIlJAL BUDGET ESTIMATE PROPOSED
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n.JND BALANCI'., OCTOBER 1 1;714,425 1,211;169 1,.511,171 . 1,5tI,271 1.'S1.lC I
REVENtJES I
W AlER. DEVELOPMENT FEES . 2S4,s50 29S,325 . 250.000 375,318 375.000 I
. SEWERDEVE1DPMENT FEES 107.459 150.765 200.000 230,247 425.000 I
INlEREST IN<X>ME-WAlER. 22,sIB 21,106 25.000 .16~ 25.000 I
INJEREST IN<X>ME-SEWER. . 16,784 14.186 25.000 .IIP7S 25~000.
i
TOTAL 431,311 411,3&2 .... C3.a4 I5t,toI i
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EXn:NSI:S ~
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SVPPUES AND OPElU.11NG EXPENSES: I i
PIlOFESSIONAL SERVlCES-WAlER 1,783 26.620 50.000 19!635 150.000 I I
. Plt.OfESSIONALSER~ 1,784 4,s60 50.000 240 SO.OQO I
REPAIR. AND MAJN"l'ENAN<:EWA1Bl
. TOTAL 3.sti1 31,1_ 1",_ 1',175 101,GOO I
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CAPnAL OU1Ll.Y: I
BUILDING-SEWER 500,000
U IMPROVEMENTS-WAlER. 500,000 153,967 1,230,000 I
INPR.O~EWER 50,000 791,439 I
MAOIINER.Y AND EQUIPMENT I
1,050.000 945.406 1,230,000 I
nANSFER TO WATERlSEWERRJND 154.100 500,000 500,000 1.014,000 I
154.100 500.000 500,000 1,014.000
TOTAL EXPENSES: 3$67 las.ue 1,651._ 1,46S,181 1,444,-
SURPLUS (DEFlctI) FOR ~ YEAR. 417,744 D6.111 (1,151....) . (331,677) (l,S~0It)
FUND BALANCE, SEPTEMBER 31 1,2U.1" 1,511,171 1,3SI.171 . 1,676.5'4 sa.IC
fYlOQ5~ IIUliGEf
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PROFESSIONAL SERVICES-WATER
SWge 'I1aichaer Design &: L..p..~ls
WeD Design &: ImproYmaeats
Total . . .
PROFEssIONAL SERVICES-SEWER
Jr....Ja:imcd laIp.............l Design
T~. . .
. IMPROVDD:NTS-WATER
SWge 'I1Iichacr WIP .
Nc:w WdIs (2)
Su:urity SY*D Upgrade
Tam Blvd. WIfir!:.iDe ExtaIsiam
Air P.. Ro.d UIIIities
Total
IMPROVEMENTS - SEWER
FY1aCIS nw.8tlDC:iEr
~-"29
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CAPITAL OUIl..AY
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S 80,000
70,000
S 150,000
S 50,000
S . 50,000
S 420,000 i
!
S5O,OOO i
100,000 i
80.000 I
80,000
S 1,230,000
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P.O. #2005-027
WORK ORDER NO. 2002-24
AGREEMENT FOR ENGINEERING SERVICES
QUENTIN L. HAMPTON ASSOCIATES, INC.
PROJECT:
Engineering Services for the City of Edgewater
Alan R. Thomas Water Treatment Plant Sludge Handling Facilities and
Sodium Hypochlorite Disinfection Conversion
CITY: Edgewater, Florida
DESIGN
PROFESSIONAL: Quentin L. Hampton Associates, Inc.
,Execution of Work Order Numb~r 2002-24, by the City, shall serve as authorization for
Engineer to provide professional services for the above project.
RESPONSIBILITY OF THE ENGINEER:
Engineer shall provide said professional services pursuant to this Work Order, to perform
professional services relating to engineering services for the above-mentioned Project. Engineering
services will be as detailed in the Scope of Services (attached and incorporated herein as Exhibit
"A").
TIME FOR COMPLETION:
The professional services authorized by this Work Order shall not exceed one (1) year.
COMPENSATION:
The fee for these services will not exceed an amount of seventy-two thousand six hundred
" and 00/100 ($72;600.00). , E~ch invoiceshall also be accompanied by a written concurrence from '
"the Director of Envirohrhental Services.
(Agreement/QuentinHampton- W orkOrder#2002-24)
Dated:
WITNESSES:
(Agreement/QuentinHampton- W orkOrder#2002-24) 2
CITY OF EDGEW A TER, FLORIDA
By:
Kenneth R. Hooper
City, Manager -.
QUENTIN L. HAMPTON
ASSOCIATES, INC.
By:
Richard W. Fernandez, P.E.
President
Dated:
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RICHARD W. FERNANDEZ, P.E.
J MARK A HAMPTON, P.E.
BfWJ T. BlAIS, P.E.
DAVID A KING, P.E.
ANDREW M. GIANNINI, P.E.
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Quentin L. Hampton Associates, Inc.
Consulting Engineers
p.o. DRAWER 290247
PORT ORANGE, flORIDA 32129-0247
May 21, 2004
Terry Wadsworth
City of Edgewater
P.O. Box 100
Edgewater, FL 32132
TElEPHONE
38&761-6810
FAX # 38&761-3977
EmaiJ: qlha@qlhacom
ENGINEERING SERVICES PROPOSAL FOR
ALAN THOMAS WTP SLUDGE HANDLING FACILITIES
AND SODIUM HYPOCHLORITE DISINFECTION CONVERSION
Dear Mr. Wadsworth:
. . . .
We appreciate the opportunity to provide this proposal for the above referenced projects. This
proposal addresses the professional engineering services related to the proposed sludge handling
facility improvements and improvements required for the conversion froni chlorine to sodium
hypochlorite disinfection at the City's Alan Thomas Water Treatment Plan (WTP). Our firm has
recently provided engineering services for many projects of this type. Given our experience with
the City, and it's WTP, we are able to provide an efficient and effective design. The attached
scope of services describes, in detail, our understanding of the proposed project. A fee proposal
is attached and is in conformance with our Continuing Services Agreement. .
We look forward to the opportunity to serve ~he City of Edgewater on this proj ect. If you have
any questions or comments, please call.
ON ASSOCIATES, INC.
David A. King, P.
Project Manager
DAK/BTB:kl
Enclosure
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SCOPE OF SERVICES AND FEE ESTIMATE
ALAN THOMAS WTP SLUDGE HANDLING FACILITIES
AND SODIUM HYPOCHLORITE DISIN:FECTION CONVERSION
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General
This scope of services and fee proposal is in conformance with the Continuing Services
Agreement between the. City of Edgewater ("City") and Quentin L. Hampton Associates, Inc.
("QLH") that was executed in November, 2002.
Task 1 - Preliminarv Desilln Phase
The City previously contracted CPH to complete a preliminary design report on the City's WTP
sludge operation and pOssible improvement options. The City has accepted the report findings
and recommendations. QLH will utilize these in the final design phase.
QLH will prepare a letter report concerning the conversion from'gaseous chlorine disinfection to
liquid sodium hypochlorite disinfection. The report will address dosage, equipment/storage
sizing, recommended 'manufacturers and gerierallayout/construction oft~e new facilities.
Task 2' - FinatDesilln Phase. . .' . . .
. ProjectScope: The design scope will include the sludge handling facilities recommended in the'
. CPH report and the sodium hypochlorite facilities recommended in the letter report.
. . .
SurVey: No. survey is proposed. City-provided record drawings along with a limited amount of
field verification will be utilized to create "base maps" to complete the design upon. . 0
. .
. .
Design: Standard engineering practice will be utilized in project design. The design willaddr~ss .
the necessary disciplines including civil/environmental, structural, mecluUiical, electrical, and
. instrumentation. Deliverables . will include Complete construction drawings and technical
specifications.. . .
. .
. .
Permitting: QLH will apply for a water system construction specific penmt from Volusia
County Health. Department. QLH will respond to all requests for additional information. .A
'S500allowance is included for permit applicati~i1 fees, . . .
Quality Control: David A King, P.E., will serve as Project Manager for QLH Richard W.
Fernandez,P.E.,wiU serve as Peer Engineer for desigil review and consultation.
. .
Coordination: . Upon Notice to Proceed, QLH will initiate design. QLHwill prepare and deliver
the sodium hypochlorite letter report to the City for review/comment and then meet with the City
to discuss the report. QLH will deliver copies of the 60% and lOOO.loplans and specifications to
. the City for review and coordinate design review meetingswitJt City staff QLH will coordinate.
. the activities of our. subconsultants~ ." . .
. . .
. EStimiztedSchedule: . QLH.wiIl deliver the sodiUm hypochlorite letter report withiti 36 <tays of. .
the'r~ipt of the Notice 'to Proceoo.'QLH Willdelivefthe'60%'su1:>Iirlttalwithin 60 days of the
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Alan Tho.mas WfP Sludge Handling Facilities Proposal
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acceptance of the letter report. QLH will deliver the 1000./0 submittal and apply for all permits
within 30 days our receipt of City comments on the 60% submittal.
TllSk J - Biddine Phase
Contract Documents: QLH will assemble comprehensive contract documents including
construction plans; general and technical' specifications; and bidding/contract documents (per
City standard documents). Copies of such documents will be provided to the City. QLH will
also prepare and deliver a final opinion of probable construction cost.
Advertisement: QLH will assist the City in the advertisement for bids. QLH will distribute
copies of the project documents to bidders, answer/respond to questions from bidders, issue
addendums as necessary and attend the bid opening.
Bid Evaluation: QLH will evaluate all submitted bids for accuracy/completeness and prepare a
bid tabulation. The qualifications of the low bidder(s) will be evaluated. This work also'
includes the evaluation of any alternate bid work or materials. QLH will deliver the bid
tabulation and a Recommendation of Award letter to the City.
. '
Estimated Schedule: QLH will complete these activities within the time frame required by the
City.
Task 4 - Construction PhDSe
COTuract Administration: QLH will provide project management with the coordination of the
project construction, assembly of conformed contract documents, coordination of a
preconstruction 'conference, review/approval of shop drawings, attendance at project
coordination meetings, review/processing of contractor's monthly pay requests, and respond to'
contractor's questions" etc., The Project Manager will continue to complete/manage this work
during this phase. ' Quality control will be completed by the Peer Engineer.
Resident Project lnspection: QLH will supply one (1) fully qualified Resident Project Inspector
for part-time (+/-' 4 hours/day average) inspection for the duration of the project. The inspector
will observe the construction activities, verify conformance' with contract documents,
review/observe all required tests, maintain a detailed log includmg red-lined construction
drawings, field verify all work quantities, collect/forward citizen complaints, and field direct the
contractor as necessary. Quality control will be completed by our Inspection Service Supervisor
,and the Project Manager in the form of field visits and work product review.
Project Closeout: QLH will complete/collect all of the ~equired closeout paperwork including
warranties, as-built surveys, operations and maintenance manuals, certifications, and permit
agency approvals. QLH will also anriotate and amend the contractor supplied as-built with'
additional information collected by the Resident Project In~pector duri~g the proj~ct.
Eitini'ated Schedule: QLH Will complete theSe activities within the time frainerequired by the ,
C9nstructi9~ ~ctiviti~s. ' .Final as-built,S will be, d~livere<l to the .City \vithin 30 days of receipt of
,the Contractor; s final pay 'request. For the fee estimate, a seven month , cOnstruction, cOntnlCt
with five months of actual construction was assumed.
Alan Thomas WTP Sludge Handling Facilities Proposal
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Proposed Fees: QUI will complete the above mentioned work for an estimated fee of 0
$72,600.00. Seethe attached estimated fee information. Fees other than the inspection charges
will be lump stirn. Actual hours expended by the inspector will' be charged. '
o
Prepared by:
QUENTIN L. HAMPTON ASSOCIATES, INC.
-Consulting Engineers- '
, May 21,2004
o
Alan Thomas WfP Sludge Handling Facilities Proposal
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PUBLIC
HEARING
BOARD
APPOINTMENT
1~
AGENDA REQUEST
Date: 10/21/04
RESOLUTION
ORDfNANCE
CONSENT
OTHER
BUSINESS
xx
Terra Mar Village Utility System Improvements
Change Order NO.2 (Final)
Project Closeout
ITEM DESCRIPTION:
When the City of Edgewater purchased Terra Mar Utilities it was with the
understanding the lot owners within the development (Terra Mar) would
be billed for bringing the water and sewer system there up to City
standards. The "Terra Mar Village Utility System Improvements" project
was bid to accomplish this task and included water main upgrades, sewer
line rehabilitation, demolition of the package water and sewer plants, force
main installation, and lift station construction. McMahan Construction -
which was awarded the bid as best qualified low bidder on the project, has
completed the project scope plus some additions to the work. Following
Change Order No.1, a $272,536.00 deductive change order, the contract --
amount became $437,500.00. A recap offinal costs are as follows:
BACKGROUND:
a)
-- b)
Additions to the Contract
c)
d)
e)
6" C900 DR 18 PVC Water Main
Point Repairs
1) Cedar Way
2) Indian River Dr.
3) Red Bass Lane
Wet Well
Gate Valves & Box (2)
Stabilization at Pump Station
Total Additions:
$ 1,960.00
$ 4,000.00
$ 4,000.00
$ 5,000.00
$ 3,000.00
- $ 1,600,00
$ 5,400.00
$24,960.00
Deletions to the Contract
a)
b)
c)
6" C900 DR 18 PVC Water Main
Fire Hydrant Assemblies
Miscellaneous Concrete
Total Deletions:
$ 7,700.00
$ 3,500.00
$ 4,300.00
$15,500.00
Net Project Additions:
$ 9,460.00
Schedule of Adjusted Contract Costs -
Original Contract Amount
Net Deletion by Chang~ Order No. 1
Contract Amount after Change Order No.1 -
Net Addition by Change Order No.2 (Final)
Contract Amount after Change Order No.2 (Final)
$710,036.00
(272,536.00)
$437,500.00 -
$ 9,460.00
$446,960.00
STAFF RECOMMENDATION:
ACTION REQUESTED:
Staff recommends approval of Change Order No.2 to the Terra
Mar Village Utility System Improvements Project in the amount
of$9,460.00 net addition to the contract with McMahan
Construction, and closeout of the project.
A motion to approve Change Order NO.2 to the Terra Mar
Village Utility System Improvements Project for $9,460.00 net
addition to the contract, and to authorize the City Manager to
execute the contract closeout documents with McMahan
Construction on behalf of the City.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
DATE:
Respectfully submitted,
YES
NO
AGENDA ITEM NO.
...~..I~A)~.
. Department ~ector .. ...... .
C:\MyDocirnents\TerrysFiles\AgendaRequest
.. ..... ~.. .
. ~~6'--K ...
. . Robin Matusick, Paralegal . . . .. ,,-.
\.z~L
Kenneth R. Hooper
City Manager
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CONTRACT MODIFICATIONS
CHANGE ORDER NO.2 (Final)
ljate:
Project:
September 28, 2004
Terra Mar Village Utility System Improvements
City of Edgewater, Florida
Contractor:
McMahan Construction
123 East Indiana Avenue
Deland. FI 32721
Reasons for Change:
cR
1) Include sewer system point repairs in project scope.
2) Adjust project amount for "as-built" quantities.
3) Include miscellaneous site improvements in project scope.
SUMMARY OF CHANGES
Net Additions by Change Order No.2 (Final)
$
9,460.00
SCHEDULE OF ADJUSTED CONTRACT COSTS
Original Contract Amount $
Net Deletion by Change Order No. 1 $
Contract Amount after Change Order No.1 $
Net Addition by Change Order NO.2 (Final) $
CJntract A~OUlJt after ~hange Order No.2 (FinaQ _ _ _ _ _ _ __ __ _ _ _ _ $ __
Contract time is extended 90 days to address the additional scope and the delay in the provision
of electrical service by Florida Power and Light
710,036.00
(272,536.00)
437,500.00
9,460.00
44~,960.0q _ _
Enqineer's Certification
I hereby certify that the accuracy of the support cost data attached hereto and, that in my considered
professional-opinion, the prices quoted are both fair and reasonable and in proper ratio to the cost of the
original work contracted for under competitive bidding.
The change is acceptable.
McMahan Construction
By: ~~e12
Robert Kellogg ) ,
Quentin L. Hampton Associates, Inc.
~neer
BY:~ ~
Richard W. Fernandez, P.E.!
Title:
President
Title:
President
Date:
7/30/oY
Date:
'7 /~CfV
ATTEST:
THIS CHANGE IS ACCEPTED BY
CITY OF EDGEWATER, FLORIDA
By:
City Clerk
By:
Terry Wadsworth
....-
l )te:
-
Title:
PLiblic Utilities Director
Date:
Terra Mar CO 2
..
~
.1
t.
Additions to the Contract
a) 6" C900 DR 18 PVC Water Main
b) Point Repairs
1) Cedar Way
2) Indian River Dr.
3) Red Bass Lane
c) Wet well
d) Gate Valves & Box (2)
e) Stabilization at pump station
Total Additions
Deletions to the Contract
a) 6" C900 DR 18 PVC Water Main
b) Fire hydrant assemblies
c) Miscellaneous concrete
Total Deletions.
Net Project Additions
. Terra Mar CO 2
$
$ 1,960.00
$ 4,000.00
$ 4,000.00
$ 5,000.00
$ 3,000.00
$ 1,600.00
$ 5,400.00
$ 24,960.00
$ 7,700.00
$ 3,500.00
$ 4,300.00
$ 15,500.00
9,460.00
~
f
o
o
o
\,.~.
TENTATIVE AGENDA ITEMS
o
NOV 15
1) 2nd Reading, Ord. No. 2004-0-34, Annexation, Hospital site, 60 acres
2) 2nd Reading, Ord. No. 2004-0-39, Transportation Impact Fees
3) 2nd Reading, Ord. No. 2004-0-40, Annexation, Kayat, south USl
4) 2nd Reading, Ord. No. 2004-0-41, Annexation, Sfera, south USl
5) 2nd Reading, Ord. No. 2004-0-42, Annexation, Ft Macaulay/Hickey, south US 1
6) 2nd Reading, Ord. No. 2004-0-43, Annexation, Hickey only (residential piece)
7) 2nd Reading, Ord. No. 2004-0-44, Annexation, Hickey only (commercial piece)
8) 2nd Reading, Ord. No. 2004-0-45, Annexation, Herman, south US 1
9) 2nd Reading, Ord. No. 2004-0-46, Annexation, Ft Macaulay/JC Carder, south US 1
10) Economic Development Board Appt. - Judy to fill remaining term of Nancy Freeman (resigned)
11) Contract for Highway Maintenance for US 1 & SR442
12) FDOT Maintenance Agreement
DEC6
1) Text Amendment - LDC Changes (TA-0401)
2) Carson (AB-040 I) - abandonment of 6' planting strip - Alamanda
3) 1st Reading, Ord. No. 2004-0-30, AirParklMassey area rezonings
4) 1st Reading, Ord. No. 2004-0-47, Annexation, Jalbert Cow Creek
DEe 20
1) 2nd Reading, Ord. No. 2004-0-30, AirParklMassey area rezonings
o 2) 2nd Reading, Ord. No. 2004-0-47, Annexation, Jalbert, Cow Creek
The following are waiting on comments from DCA:
1) 2nd Reading, Ord. No. 2004-0-22, Annexation, 173.47i: acres, Massey/Forte Macaulay (9/27, 6B)
2) 2nd Reading, Ord. No. 2004-0-32, Comp Plan Amend, Massey/Macaulay, 173.47 acres, Mixed Use(10/18
3) 2nd Reading, Ord. No. 2004-0-33, Rezoning, Massey/Macaulay, 173.47 acres to RPUD (10/18)
4) 2nd Reading, Ord. No. 2004-0-35, Comp Plan Amend, Hospital Site, Public/Semi-Public(10/18)
5) 2nd Reading, Ord. No. 2004-0-38, Comp Plan Text Amendment (10/18)
6) 2nd Reading, Ord. No. 2004-0-36, Comp Plan Amend, Page, west 442 (l0/18)
?? 2nd Reading, Ord. No. 2004-0-31, annexation, 5,601 acres, Snowden (lst Reading 10/4, item 6A)
?? Regions Bank Purchase and Sales Agreement
Q
Rev. 10/25/04
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